THE  ILLINOIS  SCHOOL  LAW. 


1 


ft 

1889-1897- 


AN  ACT  TO  ESTABLISH  AND  MAINTAIN  A 


SYSTEM  OF  FREE  SCHOOLS 

APPROVED  MAY  21,  1889. 


Including  Additional  Acts  Relative  to  Schools  and  School  Officers,  with  an 
Appendix  Containing  Acts  Establishing  State  Normal  Schools,  and  Pro¬ 
viding  for  Count g  Normal  Schools,  and  Some  Principles  of  Illinois 
School  Law  taken  from  the  Twenty-first  Biennial  Report  of  the 
Department  of  Public  Instruction,  with  such  Changes 
and  Additions  as  are  Made  Necessary  by  Recent 
Decisions  of  the  Supreme  Court,  and  by 
School  Legislation  of  the  Fortieth 
General  Assembly. 


SPRINGFIELD,  ILL.: 
Phillips  Bros.,  State  Printers. 

'  1897, 


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TABLE  OF  CONTENTS. 


EXTRACTS  FROM  THE  CONSTITUTION . 

ACT  OF  1889. 

-  Article  I.  State  Superintendent  of  Public  Instruction .  3 

Article  II.  County  Superintendents .  7 

Article  III,  Township  Trustees  of  Schools .  14 

Article  IV,  Township  Treasurer . 31 

Article  V,  Board  of  Directors .  39 

Article  VI,  Board  of  Education .  47 

Article  VII,  Teachers .  55 

4  Article  VIII,  Revenue— Taxation .  61 

Article  IX,  Bonds .  64 

Article  X.  County  Clerk .  66 

Article  XI,  County  Board .  1>8 

Article  Xll.  School  Funds .  70 

Article  XIII,  School  Lands .  73 

Article  XIV,  Fines  and  Forfeitures . 79 

Article  XV.  Liability  of  School  Officers .  81 

Article  XVI,  Miscellaneous .  85 

ADDITIONAL  ACTS  PERTAINING  TO  THE  PUBLIC  SCHOOLS  AND  TO 

SCHOOL  OFFICERS. 

• 

Members  of  the  Board  of  Education  Appointed .  89 

Study  of  Physiologyaud  Hygiene .  90 

Compensation  of  Judges  and  Clerks  of  Election  in  certain  cases .  91 

I  Election  of  Boards  of  Education  in  certain  cases .  92 

No  child  under  13  years  of  age  to  be  hired  without  certificate  from  School  Board .  93 

Women  may  vote  at  School  Elections .  94 

Directors  allowed  to  assume  indebtedness  created  for  their  districts .  95 

Compulsory  Attendance .  95 

Inspectors  elected  under  certain  special  acts .  97 

Election  of  Boards  of  Education  in  certain  cases .  98 

Kindergarten .  99 

Pension  and  Retirement  Fund  in' certain  cities .  100 

U.  S.  Flags . 102-103 

Classes  for  Deaf  Children .  103 

Establishment  of  Manual  Training  Department  for  High  Schools .  105 


APPENDIX. 


Act  Establishing  Illinois  State  Normal  University,  Normal .  106 

Act  Establishing  Southern  Normal  University,  Carbondale .  109 

Act  Establishing  Eastern  Normal  School,  Charleston .  112 

Act  Establishing  Northern  Nornm.1  School,  DeKalb .  116 

Act  for  the  Establishment  of  County  Normal  Schools .  119 

State  Scholarships  in  Illinois  University .  121 

Some  Principles  of  the  Illinois  School  Law .  123 

Index .  141 


342164 


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EXTRACTS  FROM  THE  CONSTITUTION  OF  ILLINOIS. 


- 


V. 


1 


Section  1.  The  executive  department  shall  consist  of  a  Governor, 
Lieutenant  Governor,  Secretary  of  State,  Auditor  of  Public  Ac¬ 
counts,  Treasurer,  Superintendent  of  Public  Instruction  and  Attor¬ 
ney  General,  who  shall  each  with  the  exception  of  the  Treasurer 
hold  his  office  for  the  term  of  four  years,  from  the  second  Monday 
of  J anuary  next  after  his  election  and  until  his  successor  is  elected 
and  qualified.  They  shall,  except  the  Lieutenant  Governor,  reside 
at  the  seat  of  government  during  their  term  of  office,  and  keep  the 
public  records,  books  and  papers  there,  and  shall  perform  such  duties 
as  may  be  prescribed  by  law. 


Article  VIII. 

EDUCATION. 


Section  1.  The  General  Assembly  shall  provide  a  thorough  and 
efficient  system  of  free  schools,  whereby  all  children  of  this  State 
may  receive  a  good  common  school  education. 

§  2.  All  lands,  moneys,  or  other  property,  donated,  granted  or 
received  for  school,  college,  seminary  or  university  purposes,  and  the 
proceeds  thereof,  shall  be  faithfully  applied  to  the  objects  for  which 
such  gifts  or  grants  were  made. 

§  3.  Neither  the  General  Assembly  nor  any  county,  city,  town, 
township,  school  district,  or  other  public  corporation,  shall  ever 
make  any  appropriation  or  pay  from  any  public  fund  whatever, 
anything  in  aid  of  any  church  or  sectarian  purpose,  or  to  help  sup¬ 
port  or  sustain  any  school,  academy,  seminary,  college,  university, 
or  other  literary  or  scientific  institution,  controlled  by  any  church  or 
sectarian  denomination  whatever;  nor  shall  any  grant  or  donation 
of  land,  money  or  other  personal  property  ever  be  made  by  the  State  or 
any  such  public  corporation,  to  any  church,  or  for  any  sectarian 
purpose. 


2 


§  4.  No  teacher.  State,  county,  township,  or  district  school  officer 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book, 
apparatus  or  furniture  used,  or  to  be  used,  in  any  school  in  this 
State,  with  Vliich  such  officer  or  teacher  may  be  connected,  under 
such  penalties  as  may  be  provided  by  the  General  Assembly. 

§  5.  There  may  be  a  county  superintendent  of  schools  in  each 
county,  whose  qualifications,  powers,  duties,  compensation  and  time 
and  manner  of  election,  and  term  of  office,  shall  be  prescribed  by 
law. 


t 


AN  ACT  TO  ESTABLISH  AND  MAINTAIN  A  SYSTEM  OF 

FREE  SCHOOLS. 


Article  I. 


STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


1.  Time  of  election  and  term  of  office. 
§  2.  Oath  and  bond. 

•§  3.  Salary  and  office  expenses. 


I  4.  Duties  defined. 

§  5.  Powers  defined. 
§  6.  Liabilities. 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  at  the  election  to  be 
held  on  Tuesday  after  the  first  Monday  of  November,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  ninety,  and  quadrennially 
thereafter,  there  shall  be  elected  by  the  legal  voters  of  this  State,  a 
State  Superintendent  of  Public  Instruction,  who  shall  hold  his  office 
for  four,  years  from  the  second  Monday  in  January  next  after  his 
election,  and  until  his  successor  is  duly  elected  and  qualified. 

§  2.  Before  entering  upon  his  duties,  he  shall  take  and  subscribe 
the  oath  of  office  prescribed  by  the  Constitution,  and  shall  also 
execute  a  bond,  in  the  penalty  of  twenty-five  thousand  dollars  ($25,- 
000),  payable  to  the  People  of  the  State  of  Illinois,  with  securities 
to  be  approved  by  the  Governor,  conditioned  for  the  prompt  dis¬ 
charge  of  his  duties  as  Superintendent  of  Public  Instruction,  and 
for  the  faithful  application  and  disposition,  according  to  law,  of  all 
school  moneys  that  may  come  into  his  hands  by  virtue  of  his  office. 
Said  bond  and  oath  shall  be  deposited  with  the  Secretary  of  State, 
and  an  action  may  be  maintained  thereon  by  the  State  at  any  time 
for  a  breach  of  the  conditions  thereof. 

§  3.  And  the  said  State  Superintendent  shall  receive,  annually, 
such  sum  as  may  be  provided  by  law,  as  a  salary  for  the  services 
required  under  the  provisions  of  this  act,  or  any  other  law  that  may 
be  passed,  and  also  all  necessary  contingent  expenses  for  books, 
postage  and  stationery  pertaining  to  his  office,  to  be  audited  and 
paid  by  the  State  as  the  salaries  and  contingent  expenses  of  other 
officers  are  paid. 

§  4.  It  shall  be  the  duty  of  the  said  State  Superintendent  of 
Public  Instruction — 

First — To  keep  an  office  at  the  seat  of  government  of  the  State. 

Second — To  file  all  papers,  reports  and  public  documents  trans¬ 
mitted  to  him  by  the  school  officers  of  the  several  counties,  each  year 
■•separately. 


4 


Third — To  keep  and  preserve  all  other  public  documents,  books 
and  papers  relative  to  schools,  coming  into  his  hands  as  State  Su¬ 
perintendent,  and  to  hold  the  same  in  readiness  to  be  exhibited  k> 
the  Governor,  or  to  any  committee  of  either  house  of  the  General 
Assembly. 

Fourth — To  keep  a  fair  record  of  all  matters  pertaining  to  the= 
business  of  his  office. 

Fifth — To  pay  over,  without  delay,  all  sums  of  money  which  may 
come  into  his  hands  by  virtue  of  his  office,  to  the  officer  or  person 
entitled  to  receive  the  same,  in  such  manner  as  may  be  prescribed 
by  law. 

Sixth — To  counsel  and  advise  in  such  manner  as  he  may  deem 
most  advisable,  with  experienced  and  practical  school  teachers,  as  to 
the  best  manner  of  conducting  common  schools. 

Seventh — To  supervise  all  the  common  and  public  schools  in  the 
State. 

Eighth — To  be  the  general  adviser  and  assistant  of  county  super¬ 
intendents  of  schools  in  this  State. 

Ninth — To  address  circular  letters  to  county  superintendents,  from 
time  to  time,  as  he  shall  deem  for  the  interests  of  schools,  giving 
advice  as  to  the  best  manner  of  conducting  schools,  constructing 
school  houses,  furnishing  the  same,  examining  and  procuring  com¬ 
petent  teachers. 

Tenth — To,  on  or  before  the  1st  day  of  November  preceding  each 
regular  session  of  the  General  Assembly,  report  to  the  Governor  the 
condition  of  the  schools  in  the  several  counties  of  the  State;  the 
whole  number  of  schools  which  have  been  taught  in  each  county  in 
each  of  the  preceding  years,  commencing  on  the  1st  of  July;  what 
part  of  said  number  have  been  taught  by  males  exclusively,  and 
what  part  by  females  exclusively;  what  part  of  said  whole  number 
have  been  taught  by  males  and  females  at  the  same  time,  and  what 
part  by  males  and  females  at  different  periods;  the  number  of 
scholars  in  attendance  at  said  schools;  the  number  of  persons  in 
each  county  under  twenty-one  years  of  age,  and  the  number  of  such 
persons  between  the  ages  of  twelve  and  twenty-one  years  that  are 
unable  to  read  and  write;  the  amount  of  township  and  county  funds; 
the  amount  of  the  interest  of  the  State  or  common  school  fund,  and 
of  the  interests  of  the  township  and  county  fund  annually  paid  out; 
the  amount  raised  by  an  ad  valorem  tax;  the  whole  amount  annually 
expended  for  schools;  the  number  of  school  houses,  their  kind  and 
condition;  the  number  of  townships  and  parts  of  townships  in  each 
county;  the  number  and  description  of  books  and  apparatus  pur¬ 
chased  for  the  use  of  schools  and  school  libraries  under  the  provis¬ 
ions  of  this  act,  the  price  paid  for  the  same,  the  total  amount 
purchased,  and  what  quantity  and  how  distributed,  the  number  and 
condition  of  the  libraries,  together  with  such  other  information  and 
suggestions  as  he  may  deem  important  in  relation  to  the  school  laws, 
schools  and  the  means  of  promoting  education  throughout  the  State;, 
which  report  shall  be  laid  before  the  General  Assembly  at  each 
regular  session. 


o 


Eleventh — To  make  such  rules  and  regulations  as  may  be  neces¬ 
sary  and  expedient  to  carry  into  efficient  and  uniform  effect  the 
provisions  of  this  act,  and  of  all  the  laws  which  now  are  or  may 
hereafter  be  in  force  for  establishing  and  maintaining  free  schools 
in  this  State. 

Twelfth — To  be  the  legal  adviser  of  all  school  officers,  and,  when 
requested  by  any  such  school  officers,  to  give  his  opinion  in  writing 
upon  any  question  arising  under  the  school  laws  of  this  State. 

Thirteenth — To  hear  and  determine  all  controversies  arising  under 
the  school  laws  of  this  State,  coming  to  him  by  appeal  from  a  county 
superintendent,  upon  a  written  statement  of  facts  certified  by  the 
county  superintendent. 

Fourteenth — To  receive  and  file  all  proper  reports  made  to  him 
from  time  to  time  by  the  several  county  superintendents  of  this  State 
us  required  by  article  II  of  this  act. 

Fifteenth — To  grant  State  certificates  to  such  teachers  as  may  be 
found  worthy  to  receive  them,  as  provided  for  in  section  2  of  article 
VII  of  this  act. 

Sixteenth — To  be  ex  officio  a  member  of  the  board  of  trustees 
iof  the  University  of  Illinois  and  of  the  Southern  Normal  University. 

Seventeenth — To  be  ex  officio  a  member  of  the  Board  of  Education 
of  the  State  of  Illinois,  and  to  act  as  secretary  thereof. 

Eighteenth — To  report  to  the  General  Assembly  of  Illinois,  at  its 
regular  session,  the  condition  and  expenditures  of  the  Normal  Uni¬ 
versity,  and  such  other  information  as  may  be  directed  by  the  Board 
of  Education  of  the  State  of  Illinois  or  by  the  General  Assembly  of 
.this  State. 

Nineteenth — To  visit  such  of  the  charitable  institutions  of  this 
State  as  are  educational  in  their  character,  and  to  examine  their 
facilities  for  instruction,  and  to  prescribe  forms  for  such  reports  as 
he  may  desire  from  the  superintendents  of  such  charitable  institu¬ 
tions. 

§  5.  The  said  State  Superintendent  of  Public  Instruction  shall 
be  clothed  with  the  following  powers — 

First — To  direct  and  cause  •  the  county  superintendent  of  any 
■county,  directors  or  boards  of  trustees  or  township  treasurer  of  any 
towmship,  or  other  school  officer,  to  withhold  from  any  officer,  town¬ 
ship,  district  or  teacher,  any  part  of  the  common  school,  or  township, 
or  other  school  fund,  until  such  officer,  township  treasurer  or  teacher 
shall  have  made  all  schedules,  reports  and  returns  required  of  him 
by  this  act,  and  until  such  officers  shall  have  executed  and  filed  all 
official  bonds  and  accounted  for  all  common  school  or  township  or 
other  school  funds  which  have  heretofore  come  into  his  hands,  as 
required  of  him  by  this  act. 

Second — To  require  the  several  county  superintendents  of  this 
State  to  furnish  him  with  such  information  relating  to  their  several 
offices  as  he  may  desire  to  embody  in  his  report  to  the  General  As¬ 
sembly  of  this  State. 


6 


Third — To  require  the  board  of  trustees  of  each  township  in  this; 
State  to  make,  at  any  time  he  may  desire,  a  report  similar  to  the 
report  required  to  be  made  by  such  trustees  on  or  before  the  fifteenth 
day  of  July  preceding  each  regular  session  of  the  General  Assembly 
of  this  State,  as  provided  for  in  section  28  of  article  III  of  this  act. 

Fourth — Upon  the  recommendation  of  the  county  superintendent, 
or  for  good  and  sufficient  reasons,  to  remit  the  forfeiture  of  the 
school  fund  by  any  township  which  may  have  failed  to  make  the 
reports  required  by  law. 

Fifth — To  determine  and  designate  the  particular  statistics  relat¬ 
ing  to  schools  which  the  inferior  officers  shall  report  to  the  county 
superintendent  for  the  use  of  his  office. 

Sixth — To  authorize  the  several  county  superintendents  to  procure 
such  assistance  as  may  be  necessary  to  conduct  county  teachers’  in¬ 
stitutes  for  not  less  than  five  days  in  each  year. 

Seventh — To  require  annual  reports  from  the  authorities  of  in¬ 
corporated  towns,  townships,  cities  or  districts  holding  schools  by 
authority  of  special  charters  to  the  same  extent  as  regular  school 
officers  are  or  may  be  required  to  make  such  reports. 

Eighth — To  require  the  president,  principal  or  other  proper  officer 
of  every  organized  university,  college,  seminary,  academy  or  other 
literary  institution,  whether  incorporated  or  unincorporated,  or 
hereafter  to  be  incorporated  in  this  State,  to  make  out  such  report 
as  he  may  require  in  order  that  he  may  lay  before  the  General  As¬ 
sembly  a  fair  and  full  exhibit  of  the  affairs  and  conditions  of  such 
institutions  and  of  the  educational  resources  of  the  State. 

Ninth — To  require  the  Auditor  of  Public  Accounts  to  withhold 
from  the  county  superintendent  of  any  county  the  amount  due  any 
such  county  for  its  share  of  the  interest  on  State  school  fund,  or  said 
county  superintendent  for  his  per  diem  compensation,  until  the- 
report  provided  for  in  section  17  of  article  II  of  this  act  shall  have 
been  furnished  as  therein  required. 

§  6.  The  said  State  Superintendent  of  Public  Instruction  shall 
not  be  interested  in  the  sale,  proceeds  or  profits  of  any  book,  appa¬ 
ratus  or  furniture  used,  or  to  be  used,  in  any  school  in  this  State, 
and  for  offending  against  the  provisions  of  this  section  he  shall  be 
liable  to  indictment,  and  upon  conviction  shall  be  fined  in  a  sum  not 
less  than  twenty-five  nor  more  than  five  hundred  dollars,  and  may 
be  imprisoned  in  the  county  jail  not  less  than  one  month  nor  more 
than  twelve  months,  at  the  discretion  of  the  court. 


n 


Article  II. 

COUNTY  SUPERINTENDENTS. 
Time  of  election  and  term  of  office. 


Oath  and  bond. 

Form  of  bond. 

Obligors  bound  jointly  and  severally. 
Supervisors  may  require  a  new  bond. 
Office  and  supplies. 

Liable  to  removal.  (Repeal.) 
Vacancies. 

Time  limited. 

Assistants. 

Commissions  and  per  diem. 

Itemized  bills  and  warrants  from  Au¬ 
ditor. 


§  14.  Powers  defined. 

I  15.  Record  of  land  sales. 

§  16.  Report  to  county  board. 

\  17.  Report  to  State  Superintendent. 

§  18.  Collecting  statistics,  and  suit  against 
trustees  as  individuals. 

g  19.  Approval  of  township  treasurer’s 
bond,  and  delivery  of  written  state¬ 
ment  to  the  township  treasurer. 

\  20.  Apportionment  of  funds  to  townships. 

I  \  21.  Loaning  of  county  fund. 

I  g  22.  Appeal  to  the  State  Superintendent. 

g  23.  Delivery  of  money,  books,  papers,  etc., 
to  successor  in  office. 


I  13.  Duties  defined. 

Section  1.  On  Tuesday  next  after  the  first  Monday  in  November, 
A.  D..  1890,  and  quadrennially  thereafter,  there  shall  be  elected  by 
the  qualified  voters  of  every  county  in  this  State,  a  county  superin¬ 
tendent  of  schools,  who  shall  perform  the  duties  required  by  law,  an  1 
shall  enter  upon  the  discharge  of  his  duties  on  the  first  Monday  of 
December  after  his  election. 

8  2  He  shall,  before  entering  upon,  his  duties,  take  the  oath  pre¬ 
scribed  bv  the  Constitution,  and  execute  a  bond  payable  to  the 
People  of" the  State  of  Illinois,  with  two  or  more  responsible  free¬ 
holders  as  security,  to  be  approved  by  the  county  board  or  by  tl 
judge  and  clerk  of  the  county  court,  in  a  penalty  of  not  less  than 
twelve  thousand  dollars  ($12,000),  to  be  increased  at  the  discretion 
of  the  said  county  board,  conditioned  that  he  will  faithfully  perforin 
all  the  duties  of  his  office  according  to  the  laws  which  are  or  may  be 
in  force  during  his  term  of  office. 

§  3.  The  bond  required  in  the  foregoing  section  shall  be  in  the 

following  form,  viz.: 

State  of  Illinois,  \gg 

. County,  r  '  ' 

Know  all  .men  by  these  presents,  that  we,  A  B,  ,  O JJ 
and  E  F,  are  held  and  firmly  bound,  jointly  and  severally,  un.o  the |  Pe  p 

of  flip  State  of  Illinois,  in  the  penal  sum  ot  . .  dollars,  i 

the  payment  of  which  we  bind  ourselves,  our  heirs,  executors  and  admin¬ 
istrators  firmly  by  these  presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 
. day  of . A.  bb  - 


i 


8 


The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden 
A  B,  County  Superintendent  of  the  county  aforesaid,  shall  faithfully  dis¬ 
charge  all  the  duties  of  such  office,  according  to  the  laws  which  now  are  and 
may  hereafter  be  in  force,  and  shall  deliver  over  to  his  successor  in  office  all 
moneys,  books,  papers  and  property  in  his  hands,  as  such  County  Superin¬ 
tendent,  then  this  obligation  to  be  void,  otherwise  to  remain  in  full  force  and 
virtue. 

A  B  [Seal.] 

C  D  [Seal.] 

E  F  [Seal.]  ' 

And  which  bond  shall  be  filed  in  the  office  of  the  County  Clerk. 

§  4.  The  obligors  in  such  bond  shall  be  bound  jointly  and  severally, 
and  upon  it  an  action  or  actions  may  be  maintained  by  the  board  of 
trustees  of  the  proper  township,  or  any  other  corporate  body  in¬ 
terested,  for  the  benefit  of  any  township  or  fund  injured  by  any 
breach  of  the  conditions  thereof. 

§  5.  If  a  majority  of  the  county  board  shall  be  satisfied,  at  any 
time,  that  the  bond  of  said  County  Superintendent  is  insufficient,  it 
shall  be  the  duty  of  such  superintendent,  upon  notice  being  given  to 
him  by  the  clerk  of  such  board,  to  execute  a  new  bond,  conditioned 
and  approved  as  the  first  bond:  Provided,  that  the  execution  of 
such  new  bond  shall  not  affect  the  old  bond  or  the  liability  of  the 
securities  thereon. 

§  6.  It  shall  be  the  duty  of  the  county  board  of  the  county  to  i 
provide  the  said  county  superintendent  with  a  suitable  office,  with 
necessary  furniture  and  office  supplies,  as  is  done  in  the  case  of  other 
county  officers. 

§  7.  The  said  county  superintendent  shall  be  liable  to  removal 
by  the  county  board  for  any  palpable  violation  of  law  or  omission  of 
duty.  [Repealed  by  act  approved  June  15,  1893. 

§  8.  When  the  office  of  county  superintendent  shall  become 
vacant  by  death,  resignation,  tjae  removal  of  the  incumbent  by  the 
county  board,  or  otherwise,  the  county  board  shall  fill  the  vacancy 
by  appointment,  and  the  person  so  appointed  shall  hold  his  office 
until  the  next  election  of  county  officers,  at  which  election  the  county 
board  shall  order  the  election  of  a  successor. 

§  9.  In  counties  having  not  more  than  one  hundred  (100)  schools, 
the  county  board  may  limit  the  time  of  the  superintendent:  Pro¬ 
vided ,  that  in  counties  not  having  more  than  fifty  (50)  schools,  the  I 
limit  of  time  shall  not  be  made  less  than  one  hundred  and  fifty  (150)  1 
days  a  year;  in  counties  having  from  fifty-one  (51)  to  seventy-five 
(75)  schools,  not  less  than  two  hundred  (200)  days  a  year;  and  in 
counties  having  from  seventy-six  (76)  to  one  hnndred  (100)  schools, 
not  less  than  two  hundred  and  fifty  (250)  days  a  year. 

§  10.  The  county  superintendent  may,  with  the  approval  of  the 
county  board,  employ  such  assistant  or  assistants  as  he  needs  for  the 
full  discharge  of  his  duties.  Such  assistants  shall  be  persons  of  good 
attainments,  versed  in  the  principles  and  methods  of  education, 
familiar  with  public  school  work,  and  competent  to  visit  schools. 
Such  assistants  shall  receive  such  compensation  as  may  be  fixed  by 
the  county  board. 


9 


§  11.  County  superintendents  shall  receive  in  full,  for  all  services 
rendered  by  them,  commissions  as  follows:  Three  percent,  commis¬ 
sion  upon  the  amount  of  sales  of  school  lands,  or  sales  of  land  upon 
mortgage,  or  of  sales  of  real  estate  taken  for  debt,  including  all 
services  therewith.  Two  per  cent,  commission  upon  all  sums  dis¬ 
tributed.  paid  or  loaned  out  by  them>for  the  support  of  schools.  For 
all  other  duties  required  by  law  to  be  performed  by  them,  four  dol¬ 
lars  ($4)  a  day  for  such  number  of  days  as  shall  be  spent  in  the 
actual  performance  of  their  duties,  not  exceeding  the  number  fixed 
by  the  county  boards  in  counties  in  which  the  boards  are  given 
power  to  fix  the  number  of  days  by  section  9  of  this  article  of  this 
act,  and  one  dollar  ($1)  a  day  for  expenses  for  the  number  of  days 
actually  spent  in  school  visitation. 

§  12.  The  county  superintendents  shall  present,  under  oath  or 
affirmation,  their  itemized  bills  for  their  per  diem  compensation  and 
for  the  expenses  allowed  by  this  article  of  this  act,  when  visiting 
schools,  together  with  a  report  of  all  their  acts  as  such  county  super¬ 
intendent,  or  assistant,  including  a  list  of  all  the  schools  visited, 
with  the  dates  of  visitation,  to  the  county  board,  at  the  annual  meet¬ 
ing  of  such  county  board  in  September,  and  as  near  quarterly  there¬ 
after  as  such  board  may  have  regular  or  special  meetings,  and  after 
the  bills  have  been  audited  by  the  county  board,  the  county  clerk 
shall  certify  to  such  auditing  upon  the  bills,  and  transmit  them  to 
the  Auditor  of  Public  Accounts,  who  shall,  upon  receipt  of  them,  re¬ 
mit  in  payment  thereof  to  each  superintendent  his  warrant  upon  the 
State  Treasurer  for  the  amount  certified  to  be  due  him.  The  said 
Auditor,  in  making  his  warrant  to -any  county  for  the  amount  due  it 
from  the  State  school  fund,  shall  deduct  from  it  the  several  amounts 
for  which  warrants  have  been  issued  to  the  county  superintendent  of 
•said  county  since  the  next  preceding  apportionment  of  the  State 
school  fund. 

§  13.  It  shall  be  the  duty  of  each  county  superintendent  of  schools 
in  this  State — 

First — To  sell  township  fund  lands,  issue  certificates  of  purchase, 
report  to  the  county  board  and  State  Auditor,  and  perform  all  other 
duties  pertaining  thereto,  as  required  by  article  XIII  of  this  act. 

Second — To  register  applicants  for  admission  to  the  State  Normal 
Universities  and  to  the  University  of  Illinois,  and  to  assist  in  the  ex¬ 
amination  of  the  same  as  directed  by  the  State  Board  of  Education 
or  other  proper  authorities. 

Third — To  visit  each  school  in  the  county  at  least  once  a  year,  and 
in  the  performance  of  this  duty,  he  shall  spend  at  least  half  the  time 
given  to  his  office,  and  more,  if  practicable,  in  visiting  ungraded 
schools. 

Fourth — To  note,  when  visiting  schools,  the  methods  of  instruc¬ 
tion,  the  branches  taught,  the  text-books  used,  and  the  discipline, 
government  and  general  condition  of  the  schools. 

Fifth — To  give  to  teachers  and  school  officers  such  directions  in 
the  science,  art  and  methods  of  teaching  and  courses  of  study  as  lie 
may  deem  expedient  and  necessary. 


10 


Sixth — To  act  as  the  official  adviser  and  constant  assistant  of  the- 
school  officers  and  teachers  of  his  county;  and,  in  the  performance  of' 
this  duty,  he  shall  faithfully  carry  out  the  advice  and  instruction  of 
the  State  Superintendent  of  Public  Instruction. 

Seventh — To  conduct,  as  provided  for  in  section  10  of  article  VII 
of  this  act,  a  teachers’  institute,  and  to  aid  and  encourage  the  forma¬ 
tion  of  other  teachers*  meetings,  and  to  assist  in  their  management. 

Eighth — To  labor  in  every  practicable  way  to  elevate  the  standard 
of  teaching,  and  improve  the  condition  of  the  common  schools  of  his 
county. 

Ninth — To  examine,  at  least  once  each  year,  all  books,  accounts 
and  vouchers  of  every  township  treasurer  in  his  county,  and  if  he 
finds  any  irregularities  in  them,  he  shall  at  once  report  the  same  in 
writing  to  the  board  of  trustees,  whose  duty  it  shall  be  to  take,  im- 
mediately,  such  action  as  the  case  demands. 

Tenth— To  examine  all  notes,  bonds,  mortgages,  and  other  evi¬ 
dences  of  indebtedness  which  the  township  treasurer  holds  officially, 
and  if  he  finds  that  if  the  papers  are  not  in  proper  form,  or  that  the 
securities  are  insufficient,  he  shall  so  state  in  writing  to  the  board  of 
trustees. 

Eleventh — To  give  notice  of  the  election  of  trustees  in  cases  such 
as  those  provided  for  in  section  15  of  article  III  of  this  act. 

Twelfth — To  file  and  safely  keep  the  poll  books  and  returns  of  any 
election  required  to  be  returned  to  the  county  superintendent  by  any 
provision  of  this  act. 

Thirteenth — To  investigate  and  determine  all  matters  pertaining 
to  the  change  in  the  boundaries  of  school  districts,  which  may  come 
to  him  by  appeal  from  the  decision  of  the  school  trustees,  and  to 
notify  the  township  treasurer,  from  whom  the  papers  relating  to  the 
matter  were  received,  of  his  decision  of  the  matter. 

Fourteenth — To  give  notice  of  the  election  of  school  directors  in 
cases  such  as  are  provided  for  in  section  9  of  article  V  of  this  act. 

Fifteenth — To  hold  meetings,  at  least  quarterly,  for  the  examina¬ 
tion  of  teachers,  as  provided  for  in  section  7  of  article  VII  of  this 
act. 

Sixteenth — To  grant  certificates  of  qualification  to  such  persons  as 
may  be  qualified  to  receive  them,  as  provided  for  in  section  3  of 
article  VII  of  this  act*,  and  to  keep  a  record  of  all  teachers  to  whom 
such  certificates  have  been  granted,  as  provided  for  by  section  4  of 
article  VII  of  this  act;  and  to  keep  a  record  of  all  teachers  employed 
in  teaching  in  his  county. 

Seventeenth — To  keep  a  just  and  true  account  of  all  moneys  re¬ 
ceived  and  all  moneys  paid  out  on  account  of  the  ‘'institute  fund, 
and  make  report  thereof  to  the  county  board,  as  provided  for  in  sec¬ 
tion  9  of  article  VII  of  this  act. 

Eighteenth — To  present  to  the  county  board  of  the  county,  at  the 
first  regular  meeting  thereof,  annually,  the  report  required  by  sec¬ 
tion  3  of  artice  XI  of  this  act. 


11 


Nineteenth— To  notify  presidents  of  boards  of  trustees  and  clerks 
i,f  school  districts,  on  or  before  September  30,  annually,  ot  the 
imount  of  money  paid  by  him  to  the  township  treasurer,  and  the 
late  of  such  payments. 

Twentieth — To  receive  and  file,  on  or  before  the  15th  day  of  July 
preceding  each  regular  session  of  the  General  Assembly,  and  at  such 
other  time  as  may  be  required  by  the  State  or  county  superintendent, 
a  statement  from  the  board  of  trustees  of  each  township,  giving  such 
statistics  and  information  as  may  be  called  for. 

§  14.  The  said  county  superintendent  shall  have  power 

First — To  require  the  board  of  trustees  of  each  township  in  his 
county  to  make,  at  any  time  he  may  desire,  the  report  provided  tor 
in  section  28  of  article  III  of  this  act. 

Second — To  recommend  to  the  State  Superintendent  the  remission 
of  the  penalty  provided  for  a  failure  by  the  trustees  of  schools  to 
make  the  reports  provided  for  by  law. 

Third — To  renew  teachers’  certificates  at  their  expiration  b^  his 
indorsement  thereon 

Fourth — To  revoke  the  certificate  of  any  teacher  for  immorality y 
incompetency,  or  other  just  cause. 

Fifth — To  direct  in  what  manner  township  treasurers  shall  keep 
their  books  and  accounts. 

Sixth— To  bring  suit  against  the  county  collector  for  a  failure  to 
pay  State  Auditor's  warrant,  as  provided  for  in  section  5  of  article 
'  Xll  of  this  act. 

Seventh — To  remove  any  school  director  from  office  for  a  willful 
failure  to  perform  the  duties  of  his  office. 

Eighth— To  lease  and  sell  real  estate  in  cases  provided  for  in  sec¬ 
tion  26  of  article  XIII  of  this  act,  in  the  manner  therein  specified. 

§  15.  The  said  county  superintendent  shall  provide  three  well 
bound  books,  which  shall  be  paid  for  from  the  county  treasury. 
These  books  shall  be  known  and  designated  by  the  letters  A,  B,  C 
for  the  following  purposes:  In  book  “A’  he  shall  record  at  length 
all  petitions  presented  to  him  for  the  sale  of  common  school  lands, 
and  the  plats  and  certificates  of  valuation  made  by  or  under  the 
direction  of  the  trustees  of  schools,  and  the  affidavits  in  relation  to. 
the  same.  In  book  “B”  he  shall  keep  an  account  of  all  sales  of  com¬ 
mon  school  lands,  which  account  shall  contain  the  date  of  sale,  name 
of  purchaser,  description  of  land  sold  and  the  sum  sold  for.  In  book 
“C”  he  shall  keep  a  regular  account  of  all  moneys  received  for  lands 
sold  or  otherwise,  and  loaned  or  paid  out;  the  persons  from  whom  re¬ 
ceived,  and  on  what  account,  and  showing  whether  it  is  principal  oi 
interest;  the  person  to  whom  loaned,  the  time  for  which  the  loan  was 
made,  the  rate  of  interest,  the  names  of  the  sureties,  when  personal 
security  is  taken,  or  if  real  estate  is  taken  as  security,  a  description 
of  the  real  estate;  and  if  paid  out,  to  whom,  when,  and  on  what  ac¬ 
count,  and  the  amount  paid  out;  the  list  of  sales  and  the  account  of 
each  township  fund  to  be  kept  separate. 


12 


§  16.  The  county  superintendent  shall  report,  in  writing,  to  the 
county  board,  at  their  regular  meeting  in  September  of  each  year. 
gi\  ing  first,  the  balance  on  hand  at  the  time  of  the  last  report  and  a 
statement  in  detail  of  all  receipts  since  that  date,  and  the  sources 
from  which  they  were  derived;  second,  the  amount  paid  for  expenses; 
third,  the  amount  of  his  commissions;  fourth,  the  amount  distributed* 
to  each  of  the  township  treasurers  in  his  county;  fifth,  any  balance 
on  hand.  He  shall  also  present  for  inspection  at  the  same  time  his 
books  and  vouchers  for  all  expenditures,  and  all  notes  or  other  evi¬ 
dences  of  indebtedness  which  he  holds  officially,  with  the  securities  of 
the  same;  and  he  shall  give  in  writing  a  statement  of  the  condition! 
of  the  county  fund,  of  the  institute  fund,  and  of  any  township  fund 
of  which  he  may  have  the  custody. 

^  1  o  On  or  before  the  15th  day  of  August  before  each  regular 
session  of  the  General  Assembly  of  this  State,  or  annually,  if  so  re¬ 
quired  by  the  State  Superintendent  of  Public  Instruction,  the  county 
superintendent  shall  communicate  to  said  State  Superintendent  all 
such  information  and  statistics  upon  the  subject  of  schools  in  his  said 
county  as  the  said  State  Superintendent  is  bound  to  embody  in  his 
report  to  the  Governor,  and  such  other  information  as  the  State 
Superintendent  shall  require. 

§  18.  In  all  cases  where  the  township  board  of  trustees  of  any 
township  shall  fail  to  prepare  and  forward,  or  cause  to  be  prepared ! 
and  forwarded  to  the  county  superintendent,  the  information  and ; 
statistics  required  of  them  in  this  act,  it  shall  be  the  duty  of  the  said 
county  superintendent  to  employ  a  competent  person  to  take  the 
enumeration  and  furnish  such  statistical  statement,  as  far  as  prac¬ 
tical,  to  the  superintendent;  and  such  person  so  employed  shall  have 
free  access  to  the  books  and  papers  of  said  township  to  enable  him 
.to  make  such  statement;  and  the  township  treasurer,  or  other  officer 
or  person  in  whose  custody  such  books  and  papers  may  be,  shall 
permit  such  person  to  examine  such  books  and  papers  at  such  times 
and  places  as  such  person  may  desire  for  the  purposes  aforesaid;  and 
the  said  county  superintendent  shall  allow,  and  pay  to  the  person  so 
-employed  by  him,  for  the  services,  such  amount  as  he  may  judge 
reasonable  out  of  any  money  which  is  or  may  come  into  said  super¬ 
intendent’s  hands,  apportioned  as  the  share  of  or  belonging  to  such 
township;  and  the  said  county  superintendent  shall  proceed  to  re- 
cover  and  collect  the  amount  so  allowed  or  paid  for  such  services,  in 
a  civil  action  before  any  justice  of  the  peace  in  the  county,  or  before 
any  court  having  jurisdiction,  in  the  name  of  the  People  of  the  State 
of  Illinois,  of  and  against  the  trustees  of  schools  of  said  township,  in 
their  individual  capacity;  and  in  such  suit  or  suits  the  said  county 
superintendent  and  township  treasurer  shall  be  competent  witnesses;  ; 
and  the  money  so  recovered,  when  collected,  shall  be  paid  over  to  1 
the  county  superintendent  for  the  benefit  of  said  township,  to  re¬ 
place  the  money  taken  as  aforesaid. 

§  19.  W  henever  the  bond  of  any  township  treasurers  approved  by 
the  board  of  trustees  of  schools,  as  required  by  law,  shall  be  delivered 
to  the  county  superintendent,  he  shall  carefully  examine  the  same, 
and  if  the  instrument  is  found  in  all  respects  to  be  according  to  law, 


13 


nd  the  securities  good  and  sufficient,  he  shall  endorse  his  approval 
nereon.  have  it  recorded  in  the  circuit  clerk’s  office,  and  file  the 
ime  with  the  papers  of  his  office;  but,  if  said  bond  is  in  any  respect 
efective,  or  if  the  penalty  is  insufficient,  he  shall  return  it  for  cor- 
i  action.  When  the  bond  shall  have  been  duly  received  and  filed,  the 
iperintendent  shall,  on  demand,  deliver  to  said  township  treasurer 
/  written  statement  certifying  that  his  bond  has  been  approved  and 
led,  and  that  said  township  treasurer  is  entitled  to  the  care  and 
astody,  on  demand,  of  all  moneys,  bonds,  mortgages,  notes  and  se- 
jiirities,  and  all  books,  papers  and  property  of  every  description 
[elonging  to  said  township. 

§  20.  Upon  the  receipt  of  the  amount  due  upon  the  Auditor’s 
arrant,  the  county  superintendent  shall  apportion  said  amount,  also 
le  interest  on  the  county  fund  and  the  fines  and  forfeitures,  to  the 
jiveral  townships  and  parts  of  townships  in  his  county,  in  which 
pwnships  or  parts  of  townships  schools  have  been  kept  in  accord- 
pce  with  the  provisions  of  this  act,  and  with  the  instructions  of  the 
tate  and  county  superintendents,  according  to  the  number  of 
'aildren,  under  twenty-one  years  of  age,  returned  to  him,  and  shall 
ay  over  the  distributive  share  belonging  to  each  township  and 
•actional  township,  to  the  respective  township  treasurers,  or  other 
iitliorized  person,  annually:  Provided ,  that  no  part  of  the  State, 
ounty  or  other  school  fund  shall  be  paid  to  any  township  treasurer 
Jr  other  person  authorized  by  said  treasurer,  unless  said  township 
•easurer  has  filed  his  bond,  as  required  by  section  1  of  article  IV  of 
lis  act,  nor  in  case  said  treasurer  is  re-appointed  by  the  trustees, 
nless  he  shall  have  renewed  his  bond  and  filed  the  same  as  afore- 
■tid . 

§  21.  The  county  superintendent  may  loan  any  money,  not  inter- 
pt,  belonging  to  the  county  fund,  or  to  any  township  fund,  before 
le  same  is  called  for,  according  to  law,  by  the  township  treasurer, 
];  the  same  rate  of  interest,  upon  the  same  security  and  for  the  same 
ngth  of  time  as  is  provided  by  this  act  in  relation  to  the  township 
easurers,  and  apportion  the  interest  as  provided  in  the  preceding 
iction;  and  notes  and  mortgages  taken  in  the  name  of  the  “county 
iperintendent”  of  the  proper  county  are  hereby  declared  to  be  as 
did  as  if  taken  in  the  name  of  “trustees  of  schools”  of  the  proper 
•wnship,  and  suits  may  be  brought  in  the  name  of  “county  super- 
itendents,”  on  all  notes  and  mortgages  heretofore  or  hereafter  made 
pyable  to  the  county  superintendents. 

§  22.  In  all  controversies  arising  under  the  school  lawT,  the  opinion 
id  advice  of  the  county  superintendent  shall  first  be  sought,  whence 
ipeal  may  be  taken  to  the  State  Superintendent  of  Public  Instruc- 
,on  upon  a  written  statement  of  facts  certified  by  the  county  super- 
itendent. 

'  §  23.  The  county  superintendent, upon  his  removal  or  resignation, 
at  the  expiration  of  his  term  of  office  (or  in  case  of  his  death,  his 
presentatives)  shall  deliver  over  to  his  successor  in  office,  on 
unand,  all  moneys,  books,  papers  and  personal  property  belonging 
the  office  or  subject  to  the  control  or  disposition  of  the  county 
p3rintendent. 


14 


Article  III. 

TOWNSHIP — TRUSTEES  OF  SCHOOLS. 


3  1.  School  township. 

g  2.  Fractional  townships  consolidated. 

g  3.  School  business  of  the  township. 

g  4.  Trustees  a  body  po’itic. 

g  5.  Annual  election. 

g  6.  Term  of  office. 

g  7.  Age,  residence  and  eligibility. 

g  8.  Notice  of  election,  and  form  of  elec¬ 
tion  notice. 

g  9.  Election  in  certain  cases  to  he  held 
on  any  Saturday,  and  notice  to  be 
given  by  county  clerk. 

g  10.  Trustees  draw  lots  for  their  terms  of 
office  in  certain  cases. 

g  11.  Judges  of  election, 
g  12.  Qualification  of  voters. 

g  13.  Conduct  of  elections;  contesting  elec¬ 
tions;  polls  maybe  closed  at 4  p.  m. 

g  14.  Judges  may  postpone  election. 

§  15.  County  superintendent  to  order  elec¬ 
tion. 

g  16.  Vacancies, 
g  17.  Tie  at>n  election. 

g  18.  More  than  one  polling  place;  canvass¬ 
ing  the  returns  and  making  out  a 
certificate. 

g  19.  Election  when  township  is  same  as 
town. 

g  20.  Poll  book;  failure  to  deliver  the  same. 

g  21.  County  clerks  to  furnish  list  of  trus¬ 
tees  elected  at  town  meetings. 

g  22.  Organization;  appointment  of  presi¬ 
dent  and  treasurer. 

g  23.  Term  of  office  of  president  and  treas¬ 
urer;  their  removal. 

g  24.  Record  of  proceedings, 
g  25.  Meetings  of  trustees  and  quorum. 

g  26.  Distribution  to  districts;  basis  of  the 
same. 

g  27.  Funds  placed  to  the  credit  of  districts. 

g  28.  Report  to  county  superintendent; 

items ;  forfeiture  for  failure  to  re¬ 
port. 

g  29.  Separate  enumeration;  statistics  not 
divisible. 


g  30.  Examination  of  township  treasurer 
books,  etc.,  by  trustees. 

g  31.  Gifts,  grants,  etc.;  title  of  scho 
houses. 

g  32.  Sale  of  school  house;  form  of  noti< 
of  sale. 

g  33.  Conveyance  of  real  estate ;  how  mad 

g  34.  Township  treasurer  custodian  < 
bonds ;  power  to  remove  or  sue  th  J 
official. 

g  35.  Power  to  purchase  real  estate  in  sati 
faction  of  judgments. 

g  36.  Power  to  make  settlements. 

g  37.  Power  to  lease  land,  or  sell  at  publ 
auction. 

g  38.  Township  high  school,  and  form  ■ 
notice  for  high  school  election. 

g  39.  Ballots  for  high  school  election. 

g  40.  Election  for  members  of  townsh 
board  of  education;  term  of  oflfic 
vacancies;  organization  of  tl 
board,  and  establishment  of  tl 
school. 

g  41.  Powers  of  township  board  of  educi 
tion. 

g  42.  Parts  of  two  or  more  townships  m 
join  in  establishing  a  high  school 

g  43.  Discontinuance  of  township  hi; 
school. 

g  44.  Canvass  of  ballots,  and  disposition 
assets. 

g  45.  Interests  in  school  books;  penalties. 

g  46.  Districts  in  newly  organized  tow 
ships. 

g  47.  Changes  in  district  boundaries. 

g  48.  Who  may  petition. 

g  49.  Districts  having  less  than  100,000  i 
habitants,  even  under  special  ctu 
ter,  may  vote  to  change  boundarh 

g  50.  Filing  of  the  petition;  notice  to  t 
districts  and  form  of  notice. 

g  51.  Territory  lying  in  two  or  more  tow 
ships. 

g  52.  Adjournment  of  the  board. 

g  53.  Acting  upon  the  petition. 

g  54.  Appeal  and  form  of  notice. 

g  55.  Clerks  transmit  papers  to  the  corn 
superintendent. 


15 


56.  Appeal  in  case  of  territory  divided  by 
county  lines. 

•§  57.  Filing:  map  and  list  of  taxpayers. 

§  58.  District  with  a  bonded  debt. 

§  59.  Election  in  new  districts,  and  form  of 
notice. 

g  60.  Conduct  of  election. 

■§  61.  Organization  of  board. 

§  62.  Election  in  districts  organized  by  ac¬ 
tion  of  the  county  superintendent. 


§  63.  Distribution  of  funds. 

§  64.  Appraisement  of  property. 

§  65.  Liability  of  trustees  in  reference  to 
distribution  of  funds. 

§  66.  Liability  of  clerk. 

§  67.  District  failing  to  have  school  for  two 
years. 

§  68.  Dissolution  of  union  district. 

§  69.  Successors  to  trustees  of  school,  lands. 


Section  1.  Each  congressional  township  is  hereby  established  a 
township  for  school  purposes. 

§  2.  Whenever  any  fractional  township  contains  less  than  two 
hundred  (200)  persons  under  twenty-one  years  of  age,  the  trustees 
thereof,  upon  petition  of  a  majority  of  the  adult  inhabitants  of  such 
fractional  township,  may,  by  written  agreement  entered  into  with  the 
board  of  trustees  of  any  adjacent  township,  consolidate  the  territory, 
school  funds  and  other  property  of  such  fractional  township  with 
such  adjacent  township,  and  thereafter  shall  cease  to  exercise  the 
functions  of  school  trustees  for  such  fractional  township;  and  such 
territory,  school  funds  and  other  property,  aforesaid,  shall  thereafter 
be  managed  by  the  board  of  trustees  of  such  adjacent  and"  consoli¬ 
dated  township,  in  accordance  with  the  terms  of  agreement  aforesaid, 
in  the  same  manner  as  is,  or  may  be  provided  by  law,  for  the  man¬ 
agement  of  territory,  funds  and  other  property  of  school  townships: 
Provided ,  that  the  said  written  agreement  shall  be  duly  signed  by  a 
majority  of  the  said  trustees,  and  filed  for  record  by  the  said  trustees 
in  the  office  of  the  county  clerk  of  the  county  in  which  such  con¬ 
solidated  township,  or  the  greater  part  thereof,  is  situated.  [As 
amended  June  21,  1895. 

§  3.  The  school  business  of  the  township  shall  be  done  by  three 
trustees,  to  be  elected  by  the  legal  voters  of  the  township,  as  herein¬ 
after  provided  for. 

§  4.  Said  trustees  shall  be  a  body  politic  and  corporate,  by  the 
name  and  style  of  “trustees  of  schools  of  township  No. ..  .  range 
No. . . .,”  according  to  the  number.  The  said  corporation  shall  have 
perpetual  existence,  shall  have  power  to  sue  and  be  sued,  to  plead 
and  be  impleaded  in  all  courts  and  places  where  judicial  proceedings 
are  had. 

§  5.  The  election  of  trustees  of  schools  shall  be  on  the  second 
Saturday  in  April,  annually. 

§  6.  At  the  first  regular  election  of  trustees,  after  the  passage  of 
this  act,  a  successor  to  the  trustee,  whose  term  of  office  then  expires, 
shall  be  elected,  and  thereafter  one  trustee  shall  be  elected  annually. 
Said  trustees  shall  continue  in  office  three  years,  and  until  their  suc¬ 
cessors  are  elected  and  enter  upon  the  duties  of  their  office. 

§  7.  No  person  shall  be  eligible  to  the  office  of  trustee  of  schools 
unless  twenty-one  years  of  age,  and  a  resident  of  the  township.  And 


16 


where  there  are  three  or  more  school  districts  in  any  township,  no- 
two  trustees  shall  reside,  when  elected,  in  the  same  school  district, 
nor  shall  a  person  be  eligible  to  the  office  of  trustee  of  schools  and 
school  director  at  the  same  time. 

§  8.  Notice  of  the  ejection  of  school  trustee  shall  be  given  by  the 
township  treasurer,  upon  the  order  of  the  trustees  of  schools,  by 
posting  notices  of  such  election,  at  least  ten  days  previous  to  the 
time  of  such  election,  in  not  less  than  five  of  the  most  public  places 
in  said  township,  which  notices  shall  specify  the  time  and  place  of 
election  and  the  object  thereof,  and  may  be  in  the  following  form, 
viz.: 

Public  notice  is  hereby  given  that  on  Saturday,,  the . day  of 

April,  A.  D . ,  an  election  will  be  held  at . ,  be¬ 
tween  the  hours  of  .  and  .  of  said  day,  for  the  purpose- 

of  electing  .  school  trustee  for  township  No . ,  range  No .  By 

order  of  the  board  of  trustees  of  said  township. 


Township  Treasurer.. 

§  9.  In  townships  where  no  election  for  school  trustees  has  here¬ 
tofore  been  held,  or  in  townships  where,  from  any  cause,  there  are- 
no  trustees  of  schools,  the  election  of  trustees  of  schools  may  be 
holden  on  any  Saturday,  notice  thereof  being  given  as  required  by 
section  8  of  this  article.  The  first  election  in  such  township  shall  be- 
ordered  by  the  county  clerk  of  the  county,  who  shall  cause  notice  to 
be  given  as  aforesaid. 

§  10.  In  case  of  an  election  held,  as  required  by  the  preceding 
section,  the  trustees  elected,  at  their  first  meeting,  shall  draw  lots  for 
their  respective  terms  of  office  for  one,  two  and  three  years;  and 
thereafter  one  trustee  shall  be  elected  annually,  at  the  usual  time  for 
electing  trustees,  to  fill  the  vacancy  occurring.  At  all  elections  after 
said  first  election,  the  said  notice  shall  be  given  by  the  trustees  of 
schools,  through  the  township  treasurer,  as  in  other  elections  for 
trustees. 

§  11.  The  trustees  of  schools  of  incorporated  townships  present 
shall  act  as  judges,  and  choose  a  person  to  act  as  clerk  of  said  elec¬ 
tion.  If  the  trustees  (or  any  of  them)  shall  fail  to  attend,  or  refuse 
to  act  when  present,  the  legal  voters  present  shall  choose  from  their 
own  number  such  additional  judges  as  may  be  necessary.  In  any 
township  lying  within  the  limits  of  a  city,  village  or  incorporated 
town,  which  has  adopted  the  provisions  of  “An  act  regulating  the- 
holding  of  elections,  and  declaring  the  result  thereof  in  cities,  vil¬ 
lages  and  incorporated  towns  in  this  State,”  approved  June  19,  18f  5r 
the  said  election  shall  be  held  under  the  provisions  of  said  act.  In 
unincorporated  townships,  the  qualified  voters  present  shall  choose, 
from  amongst  themselves,  the  number  of  judges  required  to  open 
and  conduct  said  election. 

§  12.  No  person  shall  vote  at  any  school  election  held  under  the 
provisions  of  this  act,  unless  he  possesses  the  qualifications  of  a 
voter  at  a  general  election. 


17 


§  13.  The  time  and  manner  of  opening,  conducting  and  closing 
said  election,  and  the  several  liabilities  appertaining  to  the  judges 
and  clerks  and  to  the  voters,  separately  and  collectively,  and  the 
manner  of  contesting  said  election,  shall  be  the  same  as  prescribed 
by  the  general  election  laws  of  this  State  defining  the  manner  of 
electing  magistrates  and  constables,  so  far  as  applicable,  subject  to 
the  provisions  of  this  act:  Provided,  that  said  election  may  com¬ 
mence,  if  so  specified  in  the  notice,  at  any  hour  between  the  hours 
of  eight  (8)  o’clock  a.  m.,  and  one  (1)  o’clock  p.  m.,  and  the  judges 
may  close  such  election  at  four  (4)  o’clock  p.  m. 

§  14.  If,  upon  any  day  appointed  for  the  election  of  trustees  of 
schools,  the  said  trustees  of  schools  or  judges  shall  be  of  opinion 
that,  on  account  of  the  small  attendance  of  voters,  the  public  good 
requires  it,  or  if  a  majority  of  the  voters  present  shall  desire 
it,  they  shall  postpone  said  election  until  the  next  Saturday, 
at  the  same  place  and  hour,  at  which  .time  and  meeting  the  voters 
shall  proceed  as  if  it  were  not  a  postponed  or  adjourned  meeting: 
Provided,  that  if  notice  shall  not  have  been  given  of  such  election, 
as  required  by  section  8  of  this  article,  then  and  in  that  case  said 
election  may  be  ordered  as  aforesaid,  and  holden  on  any  other  Sat¬ 
urday,  notice  thereof  being  given  as  aforesaid. 

§  15.  If  the  township  treasurer  shall  fail  or  refuse  to  give  notice 
of  the  regular  election  of  trustees,  as  required  by  said  section  8  of 
this  article,  and  if,  in  case  of  a  vacancy,  the  remaining  trustee  or 
trustees  shall  fail  or  refuse  to  order  an  election  to  fill  such  vacancy, 
as  required  by  section  16  of  this  article,  then,  and  in  each  of  such 
cases,  it  shall  be  the  duty  of  the  county  superintendent  to  order  an 
election  of  trustees  to  fill  such  vacancies  as  aforesaid,  and  all  elec¬ 
tions  so  ordered  and  held  shall  be  valid  to  all  intents  and  purposes- 
whatever. 

§  16.  When  a  vacancy  or  vacancies  shall  occur  in  the  board  of 
trustees  of  schools,  the  remaining  trustee  or  trustees  shall  order  an 
election  to  fill  such  vacancy,  upon  any  Saturday,  notice  to  be  given 
as  required  by  said  section  8  of  this  article. 

§  17.  In  case  of  a  tie  vote  at  any  election  of  trustees  of  schools, 
the  election  shall  be  determined  by  lot,  on  the  day  of  the  election, 
by  judges  thereof. 

§  18.  In  townships  where,  for  general  elections,  there  are  more 
than  two  (2)  polling  places,  the  trustees  shall  give  notice  that  polls 
will  be  opened  for  such  elections  in  at  least  twTo  places;  in  which 
case  at  least  one  of  said  trustees  shall  attend  at  each  of  said  places, 
and  additional  judges  shall  be  chosen  as  provided  in  section  eleven 
(11)  of  this  article:  Provided,  there  shall  be  at  least  one  polling 
place  for  each  eight  hundred  legal  voters  in  said  township.  Should 
the  polling  places  be  in  excess  of  the  number  of  trustees,  then  the 
voters  at  such  polling  places  so  in  excess  shall  select  from  their  num¬ 
ber  the  requisite  number  of  voters,  who  shall  act  as  judges  of  said 
election  in  the  manner  provided  by  said  section  eleven  (11)  for  the 
election  of  trustees  in  unincorporated  townships.  Said  judges  shall 
return  the  ballots  and  original  poll-books,  with  a  certificate  thereon. 


18 


showing  the  result  of  the  election  in  said  precinct,  to  the  township 
treasurer  of  the  township  in  which  said  election  shall  be  held, 
whereupon  it  shall  be  the  duty  of  the  board  of  trustees  of  said 
township,  within  five  days  after  said  election,  to  meet  and  to  canvass 
the  returns  from  each  precinct,  to  make  out  a  certificate  showing 
the  number  of  votes  cast  for  each  person  in  each  precinct,  and  in  the 
whole  township,  and  shall  file  said  certificate  with  the  county  super¬ 
intendent  of  schools  as  otherwise  provided  by  lawr. 

§  19.  In  counties  adopting  township  organization,  in  each  and 
every  township  whose  boundaries  coincide  and  are  identical  with 
those  of  the  town,  as  established  under  the  township  organization 
laws,  the  trustee  or  trustees  shall  be  elected  at  the  same  time  and  in 
the  same  manner  as  the  town  officers.  In  all  such  townships,  if  no 
trustees  are  elected  at  the  stated  town  meeting,  and  when  vacancies 
occur  in  the  board,  an  election  of  trustee  or  trustees  shall  be  ordered 
by  the  remaining  trustee  or.  trustees  of  schools,  through  the  town¬ 
ship  treasurer,  as  provided  for  in  section  nine  (9)  of  this  article. 

§  20.  Upon  the  election  of  trustees  of  schools,  the  judges  of  the 
election  shall,  within  ten  (10)  days  thereafter,  cause  a  copy  of  the 
poll-book  of  said  election  to  be  delivered  to  the  county  superin¬ 
tendent  of  the  county,  with  a  certificate  thereon  showing  the  election 
of  said  trustees  and  the  names  of  the  persons  elected,  which  copy  of 
the  poll-book,  with  the  certificate,  shall  be  filed  by  said  superintend¬ 
ent,  and  shall  be  evidence  of  such  election.  For  a  failure  to  deliver 
said  copy  of  the  poll-book  and  certificate  within  the  time  prescribed, 
the  judges  shall  be  liable  to  a  penalty  of  not  less  than  twenty-five 
dollars  ($25)  nor  more  than  one  hundred  dollars  ($100),  to  be  re¬ 
covered  in  the  name  of  the  People  of  the  State  of  Illinois,  by  action 
of  assumpsit,  before  any  justice  of  the  peace  of  the  county,  which 
penalty,  when  collected,  shall  be  added  to  the  township  school  fund 
of  the  township. 

§  21.  When  school  trustees  are  elected  at  town  meetings,  as 
provided  in  section  nineteen  (19)  of  this  article,  it  shall  be  the  duty 
of  the  county  clerk,  as  soon  as  the  list  of  the  names  of  officers  elected 
at  the  town  meetings  is  filed  with  him,  to  give  the  county  superin¬ 
tendent  a  list  of  the  names  of  all  school  trustees  elected  at  the 
town  meetings  of  the  county,  and  of  the  towns  for  which  they  are 
elected. 

§  22.  Within  ten  days  after  the  annual  election  of  trustees,  the 
board  shall  organize  by  appointing  one  of  their  number  president, 
and  some  person  who  shall  not  be  a  director  or  trustee,  but  who  shall 
be  a  resident  of  the  township,  treasurer,  if  there  be  a  vacancy  in  this 
office,  who  shall  be  eoo  officio  clerk  of  the  board. 

§  23.  The  president  shall  hold  his  office  for  one  year,  and  the 
treasurer  for  two  years,  and  until  their  successors  are  appointed,  but 
either  of  said  officers  may  be  removed  by  the  board  for  good  and 
suffieient  cause. 

§  24.  It  shall  be  the  duty  of  the  president  to  preside  at  all  meet¬ 
ings  of  the  board  and  it  shall  be  the  duty  of  the  clerk  to  be  present 
at  all  meetings  of  the  board,  and  to  record  in  a  book  to  be  provided 


19 


for  the  purpose  all  of  their  official  proceedings,  which  book  shall 
foe  a  public  record,  open  to  the  inspection  of  any  person  interested 
therein.  All  of  said  proceedings  when  recorded  shall  be  signed  by 
the  president  and  clerk.  If  the  president  or  clerk  shall  be  absent  or 
refuse  to  perform  any  of  the  duties  of  his  office  at  any  meeting  of  the 
board,  a  president  or  clerk  pro  tern,  may  be  appointed. 

§  25.  It  shall  be  the  duty  of  the  board  of  trustees  to  hold  regular 
:.semi-annual  meetings  on  the  first  Mondays  of  April  and  October, 
and  special  meetings  may  be  held  at  such  other  times  as  they  think 
proper.  Special  meetings  of  the  board  may  be  called  by  the  presi¬ 
dent  or  any  two  members  thereof.  At  all  meetings  two  members 
shall  be  a  quorum  for  business. 

§  26.  At  the  regular  semi-annual  meetings  on  the  first  Mondays 
of  April  and  October,  the  trustees  shall  ascertain  the  amount  of  State, 
-county  and  township  funds  on  hand  and  subject  to  distribution,  and 
.shall  apportion  the  same  as  follows: 

First — Whatever  sum  may  be  due  for  the  compensation  and  the 
books  of  the  treasurer,  and  such  sum  as  may  be  demed  reasonable  and 
aiecessary  for  dividing  school  lands,  making  plats,  etc. 

Second — And  the  remainder  of  such  funds  shall  be  divided  among 
the  districts,  or  fractions  of  districts,  in  which  schools  have  been 
kept  in  accordance  with  the  provisions  of  this  act  and  the  instruc¬ 
tions  of  the  State  and  county  superintendents  during  the  preceding 
year  ending  June  30,  in  proportion  to  the  number  of  children  under 
twenty-one  (21)  years  of  age  in  each. 

§  27.  The  funds  thus  apportioned  shall  be  placed  on  the  books  of 
the  treasurer  to  the  credit  of  the  respective  districts,  and  the  same 
shall  be  paid  out  by  the  treasurer  on  the  legal  orders  of  the  directors 
of  the  proper  districts  in  the  same  manner  as  other  funds  of  the  dis¬ 
trict  are  paid  out. 

§  28.  The  board  of  trustees  of  each  township  in  this  State  shall 
prepare,  or  cause  to  be  prepared,  by  the  township  treasurer,  the  clerk 
of  tne  board,  the  directors  of  the  several  districts,  or  other  person, 
and  forwarded  to  the  county  superintendent  of  the  county  in  which 
the  township  lies,  on  or  before  the  15th  day  of  July,  preceding  each 
regular  session  of  the  General  Assembly  of  this  State,  and  at  such 
other  times  as  may  be  required  by  the  county  superintendent,  or  by 
the  State  Superintendent  of  Public  Instruction,  a  statement  exhibit¬ 
ing  the  condition  of  schools  in  their  respective  townships  for  the  pre¬ 
ceding  biennial  period,  giving  separately  each  year,  commencing  on 
the  first  of  July  and  ending  on  the  last  of  June,  which  statement 
shall  be  as  follows: 

First — The  whole  number  of  schools  which  have  been  taught  in 
each  year;  what  part  of  said  number  have  been  taught  by  males  ex¬ 
clusively;  what  part  have  been  taught  by  females  exclusively  ;  what 
part  of  said  whole  number  have  been  taught  by  males  and  females  at 
the  same  time,  and  what  part  by  males  and  females  at  different 
periods. 


20 


Second — The  whole  number  of  scholars  in  attendance  at  all  the 
schools,  giving  the  number  of  males  and  females  separately. 

Third — The  number  of  male  and  female  teachers,  giving  each  sep¬ 
arately;  the  highest,  lowest,  and  average  monthly  compensation  paid 
to  male  and  female  teachers,  giving  each  item  separately. 

Fourth — The  number  of  persons  under  twenty-one  years  of  age, 
making  a  separate  enumeration  of  those  above  the  age  of  twelve  years 
who  are  unable  to  read  and  write,  and  the  cause  or  causes  of  the 
neglect  to  educate  them. 

Fifth — The  amount  of  the  principal  of  the  township  fund;  the 
amount  of  interest  of  the  township  fund  paid  into  the  township 
treasury;  the  amount  raised  by  ad  valorem  tax,  and  the  amount  of 
such  tax  received  into  the  township  treasury,  and  amount  of  all 
other  funds  received  into  the  township  treasury. 

Sixth— Amount  paid  for  teachers’  wages;  the  amount  paid  for 
school  house  lots;  the  amount  paid  for  building,  repairing,  purchas¬ 
ing,  renting  and  furnishing  school  houses;  the  amount  paid  for  school 
apparatus,  for  books  and  other  incidental  expenses  for  the  use  of 
school  libraries;  the  amount  paid  as  compensation  to  township  offi¬ 
cers  and  others. 

Seventh — The  whole  amount  of  the  receipts  and  expenditures  for 
school  purposes,  together  with  such  other  statistics  and  information 
in  regard  to  schools  as  the  State  Superintendent  or  county  superin¬ 
tendent  may  require.  And  any  township  from  which  such  report  is 
not  received  in  the  manner  and  time  required  by  law,  shall  forfeit  its 
portion  of  the  public  fund  for  the  next  ensuing  year:  Provided , 
that  upon  the  recommendation  of  the  county  superintendent,  or  for 
good  and  sufficient  reasons,  the  State  Superintendent  may  remit  such 
forfeiture. 

§  29.  In  all  cases  where  a  township  is,  or  shall  be  divided  by  a 
county  line  or  lines,  the  board  of  trustees  of  such  township  shall 
make  or  cause  to  be  made  separate  enumerations  of  male  and  female- 
persons  of  the  ages  as  directed  by  section  28  of  this  article,  designat¬ 
ing  separately  the  number  residing  in  each  of  the  counties  in  which 
such  township  may  lie,  and  forward  each  respective  number  to  the 
proper  county  superintendent  of  each  of  said  counties;  and  in  like 
manner,  as  far  as  practicable,  all  other  statistics  and  information 
enumerated  and  required  to  be  reported  in  the  aforesaid  section,  shall 
be  separately  reported  to  the  several  county  superintendents;  and  all 
such  parts  of  said  statistical  information  as  are  not  susceptible  of 
division  and  are  impracticable  to  be  reported  separately,  shall  be  re¬ 
ported  to  the  county  superintendent  of  the  county  in  which  the  six¬ 
teenth  section  of  such  township  is  situated. 

§  30.  At  each  semi-annual  meeting,  and  at  such  other  meetings 
as  they  may  think  proper,  the  said  township  board  shall  examine  all 
books,  notes,  mortgages,  securities,  papers,  moneys  and  effects  of  the 
corporation,  and  the  accounts  and  vouchers  of  the  township  treas¬ 
urer,  or  other  township  school  officer,  and  shall  make  such  order 


21 


thereon  for  their  security,  preservation,  collection,  correction  of 
■errors,  if  any,  and  for  their  proper  management,  as  may  seem  to  said 
board  necessary. 

§  31.  The  trustees  of  schools  in  each  township  in  the  State  may 
receive  any  gift,  grant,  donation  or  devise  made  for  the  use  of  any 
school  or  schools,  or  library,  or  other  school  purposes  within  their 
jurisdiction,  and  they  shall  be  and  are  hereby  invested,  in  their  cor¬ 
porate  capacity,  with  the  title,  care  and  custody  of  all  school  houses 
and  school  house  sites:  Provided,  that  the  supervision  and  control 
of  such  school  houses  and  school  house  sites  shall  be  vested  in  the 
board  of  directors  of  the  district. 

§  32.  When,  in  the  opinion  of  any  board  of  directors,  the  school 
house  site  or  any  buildings  have  become  unnecessary  or  unsuitable 
•or  inconvenient  for  a  school,  the  board  of  trustees,  on  petition  of  a 
majority  of  the  voters  of  the  district,  shall  sell  and  convey  the  same 
in  the  name  of  the  said  board,  after  giving  at  least  twenty  days’  no¬ 
tice  of  such  sale  by  posting  up  written  or  printed  notices  thereof, 
particularly  describing  said  property,  and  the  terms  of  sale,  which 
notice  maybe  in  the  following  form,  viz.: 

Public  notice  is  hereby  given  that  on  the  .  day  of . 

A.  D . the  trustees  of  schools  of  township  No . ,  range  No. 

. ,  will  sell  at  public  sale,  on  the  premises  hereinafter  described, 

between  the  hours  of  ten  o'clock  a.  m.  and  three  o’clock  p.  M.,  the  school 
house  situated  on  the  school-house  site,  known  as  (here  describe  the  site 
by  its  number,  commonly  known  name,  or  other  definite  description), 
and  located  in  the  (here  describe  its  place  in  the  section)  which  sale  will 
be  made  on  the  following  terms,  to  wit:  (Here  insert  as  “one  third  of 
the  purchase  money  cash  in  hand,  and  the  balance  in  two  equal  payments, 
due  in  one  and  two  years  from  the  day  of  sale,  with  interest  at  the  rate 
•of  .  per  cent,  from  date.”) 

A.  B 

C.  D. 

E.  F. 

Trustees. 

And  the  deed  of  conveyance  of  the  property  so  sold  shall  be  exe¬ 
cuted  by  the  president  and  clerk  of  said  board,  and  the  proceeds  of 
such  sale  shall  be  paid  over  to  the  township  treasurer,  for  the  benefit 
of  said  district. 

§  33.  All  conveyances  of  real  estate  which  may  be  made  to  said 
board,  shall  be  made  to  said  board  in  their  corporate  name,  and  to 
their  successors  in  office. 

§  34.  The  township  board  shall  cause  all  moneys  for  the  use  of 
“the  townships  and  districts  to  be  paid  over  to  the  township  treas¬ 
urer,  wdio  is  hereby  constituted  and  declared  to  be  the  only  lawful 
'depositary  and  custodian  of  all  township  and  district  school  funds. 

,  They  shall  have  power  also  to  remove  the  township  treasurer,  at  any 
time,  for  any  failure  or  refusal  to  execute  or  comply  with  any  order 
or  requisition  of  said  board,  legally  made  and  entered  of  record,  or  for 
other  improper  conduct  in  the  discharge  of  his  duty  as  treasurer. 
They  shall  also  have  power  for  any  failure  or  refusal  as  aforesaid  to 


22 


sue  him  upon  liis  official  bond  and  recover  all  damages  sustained  by 
the  said  board  in  its  corporate  capacity,  by  reason  of  such  neglect  or 
refusal  as  aforesaid. 

§  35.  The  township  trustees  are  hereby  vested  with  general  power 
and  authority  to  purchase  real  estate,  if  in  their  opinion  the  interests 
of  the  township  fund  will  be  promoted  thereby,  in  satisfaction  of  any 
judgment  or  decree  wherein  the  said  board  or  the  county  superin¬ 
tendent  are  plaintiffs  or  complainants;  and  the  title  of  such  real 
estate  so  purchased  shall  vest  in  said  board  for  the  use  of  the  in¬ 
habitants  of  said  township,  for  school  purposes. 

§  36.  The  board  of  trustees  are  hereby  vested  with  general  power 
and  authority  to  make  all  settlements  with  persons  indebted  to  them 
in  their  official  capacity;  or  to  receive  deeds  to  real  estate  in  com¬ 
promise;  and  to  cancel,  in  such  manner  as  they  may  think  proper,, 
notes,  bonds,  mortgages,  judgments  and  decrees,  existingor  that  may 
hereafter  exist,  for  the  benefit  of  the  township,  wffien  the  interest  of 
said  township,  or  of  the  fund  concerned  shall,  in  their  opinion,  re¬ 
quire  it;  and  their  action  in  the  premises  shall  be  valid  and  binding. 

§  37.  The  board  of  trustees  are  hereby  authorized  to  lease  or  sell 
at  public  auction,  any  land  that  may  come  into  their  possession  in 
the  manner  provided  for  in  either  of  the  two  preceding  sections  in 
such  manner  and  on  such  terms  as  they  may  deem  for  the  interests 
of  the  townships:  Provided,  that  in  all  cases  of  sale  of  such  land, 
the  sale  shall  be  either  at  the  door  of  the  court  house,  where  judicial 
sales  of  land  are  usually  made,  or  else  on  the  premises  to  be  sold,  as 
the  trustees  may  order  and  direct:  And,  provided,  that  in  all  cases 
of  sale  of  land,  as  provided  in  this  section,  the  sale  shall  be  made  in 
the  manner  provided  for  sale  of  the  sixteenth  section  by  section  14 
of  article  XIII  of  this  act. 

§  38.  Upon  petition  of  not  less  than  fifty  voters  of  any  school 
township,  filed  with  the  township  treasurer  at  least  fifteen  days 
preceding  the  regular  election  of  trustees,  it  shall  be  the  duty  of 
said  treasurer  to  notify  the  voters  of  said  township  that  an  election 
“For"  or  “Against”  a  township  high  school  will  be  held  at  the  said 
next  regular  election  of  trustees,  by  posting  notices  of  such  election 
in  at  least  ten  of  the  most  public  places  throughout  such  township,, 
for  at  least  ten  days  before  the  election;  which  notices  may  be  in 
the  following  form,  viz.: 

“high  school  election.” 


Notice  is  hereby  given  that  on  Saturday,  the . day  of  April,. 

A.  D . ,  an  election  will  be  held  at ....  . . . . . ,  for  the 

purpose  of  voting  “For”  or  “Against”  the  proposition  to  establish  a  town¬ 
ship  high  school  for  the  benefit  of  township  No . range  No —  . . 

The  polls  for  said  election  will  be  open  at . and  close  at . o’clock 

of  said  day. 


A.  B., 


Township  Treasurer. 


Provided,  that  when  any  city  in  this  State,  having  a  population  of 
not  less  than  one  thousand  and  not  over  one  hundred  thousand 
inhabitants,  lies  within  two  or  more  townships,  then  that  township 


23 


in  which  a  majority  of  the  inhabitants  of  said  city  reside  shall, 
together  with  said  city,  constitute  a  school  township  under  this  act 
for  high  school  purposes.  [As  amended  by  act  approved  June  19, 
1891. 

§  39.  The  ballots  for  such  election  shall  be  received  and  canvassed 
as  in  other  elections,  and  may  have  thereon  the  name  of  the  person 
or  persons  whom  the  voter  desires  for  trustee  or  trustees. 

§  40.  If  a  majority  of  the  votes  at  such  election  shall  be  found  to 
be  in  favor  of  establishing  a  township  high  school,  it  shall  be  the 
duty  of  the  trustees  of  the  township  to  call  a  special  election  on  any 
Saturday  within  sixty  days  from  the  time  of  the  election  establish¬ 
ing  the  township  high  school,  for  the  purpose  of  electing  a  township 
board  of  education,  to  consist  of  five  members,  notice  of  which  elec¬ 
tion  shall  be  given  for  the  same  time  and  in  the  same  manner  as 
provided  for  in  the  election  of  township  trustees.  The  members 
elected  shall  determine  by  lot,  at  their  first  meeting,  the  length  of  term 
each  is  to  serve.  Two  of  the  members  shall  serve  for  one  year  each, 
two  for  two  years,  and  one  for  three  years  from  the  second  Saturday 
of  April  next  preceding  their  election.  Whenever  a  vacancy  occurs 
(except  by  death  or  resignation) ,  a  successor  or  sucessors  shall  be 
elected,  each  of  whom  shall  serve  for  three  years,  which  subsequent 
election  shall  be  held  on  the  same  day  and  in  the  same  manner  as 
the  election  of  township  trustees.  In  case  of  vacancy  from  other 
cause  than  the  expiration  of  the  term  of  office,  the  board  shall  call 
an  election  without  delay,  which  election  may  be  held  on  any  Sat¬ 
urday,  notice  of  which  shall  be  given  for  the  same  time  and  in  the 
same  manner  as  for  the  election  .of  township  trustees.  Within  ten 
days  after  their  election,  the  members  of  the  township  board  of  edu¬ 
cation  shall  meet  and  organize  by  electing  one  of  their  number 
president,  and  by  electing  a  secretary.  It  shall  be  the  duty  of  the 
township  board  of  education  to  establish  at  some  central  point  most 
convenient  to  a  majority  of  the  pupils  of  the  township,  a  high  school 
for  the  education  of  the  more  advanced  pupils. 

§  41.  For  the  purpose  of  building  a  school  house  supporting  the 
school  and  paying  other  necessary  expenses,  the  township  shall  be 
regarded  as  a  school  district;  and  the  township  board  of  education 
shall  have  the  power  and  discharge  the  duties  of  directors  for  such 
district  in  all  respects. 

§  42.  In  like  manner  the  voters  and  trustees  of  two  or  more  ad¬ 
joining  townships,  or  parts  of  townships,  may  cooperate  in  the 
establishment  and  maintenance  of  a  high  school,  on  such  terms  as 
they  may,  by  written  agreement  made  and  signed  by  the  boards  of 
trustees,  enter  into. 

§  43.  When  any  township,  townships  or  parts  of  towmships,  shall 
have  organized  a  high  school  and  wish  to  discontinue  the  same,  upon 
petition  of  not  less  than  a  majority  of  the  legal  voters  of  said  town¬ 
ship,  townships  or  parts  of  townships,  filed  with  the  township  treas¬ 
urers  of  said  townships,  at  least  fifteen  days  preceding  the  regular 
election  of  trustees,  it  shall  be  the  duty  of  said  treasurers  to  notify 


24 


the  voters  of  the  township,  townships  or  parts  of  townships,  that  an 
election  will  be  held  on  the  day  of  said  regular  election  of  trustees 
for  the  purpose  of  voting  “For”  or  “Against”  discontinuing  the  town¬ 
ship  high  school,  which  notice  shall  be  given  in  the  same  manner, 
and  for  the  same  length  of  time,  and  may  be  in  substantially  the 
same  form,  as  the  notice  provided  for  in  section  38  of  this  article: 
Provided ,  that  any  township  where  a  creek  or  river  divides  the  same 
and  it  lias  been  divided  into  towns  with  such  creek  or  river  as  a 
boundary  line  between  them,  and  each  of  said  towns  contains  a  city, 
and  an  election  has  been  held  in  such  township,  and  carried  in  favor 
of  establishing  a  township  high  school,  a  site  for  which  has  been 
selected  in  one  of  said  towns,  and  other  proceedings  had  thereon,  a 
petition,  signed  by  not  less  than  one-fourth  of  the  voters  of  such 
township,  as  shown  by  the  vote  of  the  last  general  election,  may  be 
filed  at  any  time  with  the  township  treasurer  of  said  township  for  an 
election,  for  the  purpose  of  voting  “For”  or  “Against”  discontinuing 
the  township  high  school  as  to  the  town  in  which  the  site  is  not 
located.  Within  ten  days  after  the  filing  of  a  petition,  as  aforesaid, 
it  shall  be  the  duty  of  such  township  treasurer  to  post  the  notices  of 
an  election  to  be  held,  according  to  the  prayer  of  such  petition;  and 
if  the  majority  of  the  votes  cast  at  such  election  shall  be  in  favor  of 
discontinuing  the  township  high  school  in  the  town  where  the  site 
has  not  been  located,  the  same  shall  be  discontinued  as  to  it.  [As 
amended  by  an  act  approved  and  in  force  June  2,  1897. 

§  44.  The  ballots  for  such  election  shall  be  received  and  canvassed 
in  the  same  manner  as  provided  for  in  section  39  of  this  article.  If 
the  majority  of  the  votes  at  such  election  shall  be  found  in  favor  of 
discontinuing  the  high  school,  it  shall  be  the  duty  of  the  trustees  to 
discontinue  the  same,  and  turn  all  the  assets  of  the  said  high  school 
over  to  the  school  fund  of  the  township  or  townships  interested 
therein,  in  proportion  to  the  assessed  valuation  of  said  townships,  to 
be  used  as  any  other  township  fund  for  school  purposes. 

§  45.  No  trustee  of  schools  shall  be  interested  in  the  sales,  pro¬ 
ceeds  or  profits  of  any  book,  apparatus  or  furniture  used  in  any 
school  in  this  State  with  which  such  trustee  may  be  in  any  manner 
connected.  For  offending  against  the  provisions  of  this  section,  any 
such  trustee  shall  be  liable  to  indictment,  and,  upon  conviction, 
shall  be  fined  in  a  sum  not  less  than  twenty-five  dollars  nor  more 
than  five  hundred  dollars,  and  may  be  imprisoned  in  the  county  jail 
not  less  than  one  nor  more  than  twelve  months,  at  the  discretion  of 
the  court. 

§  46.  Trustees  of  schools  in  newly  organized  townships  shall  lay 
off  the  township  into  one  or  more  school  districts,  to  suit  the  wishes 
or  convenience  of  a  majority  of  the  inhabitants  of  the  township,  and 
shall  prepare  or  cause  to  be  prepared  a  map  of  the  township,  on 
which  map  shall  be  designated  the  district  or  districts,  to  be  styled, 
when  there  are  more  districts  than  one,  “District  No. .  .  .,  in  town¬ 
ship  No....,  range  No....,  of  the  ....  P.  M.  (according  to  the 
proper  numbers),  county  of . .  and  State  of  Illinois.” 


i 


25 


§  47.  In  a  township  where  such  division  into  districts  has  been 
made,  the  said  trustees  may,  in  their  discretion,  at  the  regular 
meeting  in  April,  when  petitioned  as  hereinafter  provided  for,  change 
such  districts  as  lie  wholly  within  their  township,  so  as— 

First — To  divide  or  consolidate  districts. 

Second  To  organize  a  new  district  out  of  territory  belonging  to 
two  or  more  districts. 

Third — To  detach  territory  from  one  district  and  add  the  same  to 
another  district  adjacent  thereto. 

§  48.  No  change  shall  be  made  as  provided  for  in  the  preceding 
section,  unless  petitioned  for — 

First — By  a  majority  of  the  legal  voters  of  each  of  the  districts 
affected  by  the  proposed  change. 

Second — By  two-thirds  (|)  of  the  legal  voters  living  within  certain 
territory,  described  in  the  petition,  asking  that  said  territory  be  de¬ 
tached  from  one  district  and  added  to  another. 

Third — By  two-thirds  (|-)‘of  all  the  legal  voters  living  within  cer¬ 
tain  territory,  containing  not  less  than  ten  (10)  families,  asking  that 
said  territory  may  be  made  a  new  district. 

§  49.  In  school  districts  having  a  population  of  not  less  than  one 
thousand  inhabitants,  whether  acting  under  the  general  school  law 
or  organized  and  acting  under  a  special  charter,  desiring  a  change 
of  boundaries,  the  question  of  such  change  may  be  submitted  to  the 
trustees  by  a  vote  of  the  people,  instead  of  by  the  petition  provided 
for  in  the  preceding  section;  and  when  petitioned  so  to  do  by 
twenty-five  legal  voters  of  the  district,  the  school  board  of  the 
district  shall  submit  the  question  of  the  change  desired  to  the  voters 
of  said  district,  at  a  special  election  called  for  that  purpose,  and  held 
at  least  thirty  days  prior  to  the  regular  April  meeting  of  trustees. 
If  a  majority  of  the  votes  cast  at  any  such  election  shall  be  in  favor 
of  the  change  proposed,  then,  due  return  of  the  election  having  been 
made  to  the  township  treasurer,  the  township  trustees  shall  consider 
and  take  action  the  same  as  if  petitioned  therefor  by  a  majority  of 
the  legal  voters  of  such  district:  Provided,  that  no  question  of 
change  of  boundaries  shall  be  submitted  to  a  vote  of  the  school  dis¬ 
trict  more  than  once  in  any  year.  [As  amended  by  act  approved 
June  18,  1891. 

§  50.  No  petition  shall  be  acted  upon  by  the  board  of  trustees 
unless  such  petition  shall  have  been  filed  with  the  clerk  of  the  said 
board  of  trustees  at  least  twenty  days  before  the  regular  meeting  in 
April,  nor  unless  a  copy  of  the  petition,  together  with  a  notice  in 
writing,  signed  by  one  or  more  of  the  petitioners,  shall  be  delivered 
by  the  petitioners,  or  some  one  of  them,  at  least  ten  days  before  the 
date  at  which  the  petition  is  to  be  considered,  to  the  president  or 
clerk  of  the  board  of  directors  of  each  district  wdiose  boundaries  will 
be  changed  if  the  petition  is  granted. 


26 


Which  notice  may  be  in  the  following  form,  to-wit: 

The  directors  in  district  No - ,  in  township  No _ ,  range  No _ of  the- 

- principal  meridian,  will  take  notice  that  the  undersigned  and  others  have 

made  and  filed  with  the  board  of  trustees  of  said  township  their  petition,  a 
copy  of  which  is  herewith  handed  to  you. 

Signed . . 

§  51.  At  the  said  April  meeting,  by  the  concurrent  action  of  the 
several  boards  of  trustees  of  the  townships  in  which  the  district  or 
districts  affected  lie,  each  board  being  petitioned  as  provided  for  in 
section  48  of  this  article,  the  same  changes  may  be  made  in  the 
boundaries  both  of  districts  which  lie  in  separate  townships,  but  ad¬ 
jacent  to  each  other,  and  of  districts  formed  of  parts  of  two  or  more 
townships,  as  are  permitted  to  be  made  in  districts  which  lie  wholly 
in  one  township. 

§  52.  When,  at  the  regular  meeting  of  the  trustees  in  April,  any 
petition  shall  come  before  the  trustees,  asking  for  any  change  in 
boundaries,  it  shall  be  the  duty  of  the  trustees  to  ascertain  if  the 
foregoing  provisions  have  been  strictly  complied  with;  and  if  it  shall 
appear  that  they,  or  either  of  them,  have  not  been  complied  with,, 
then,  in  such  case,  the  board  shall  adjourn  for  not  longer  than  four 
weeks,  in  order  that  the  foregoing  provisions  may  be  complied  with, 
but  there  shall  be  but  one  adjournment  for  such  purpose. 

§  53.  If,  on  the  day  of  the  regular  meeting,  or,  in  case  of  an  ad¬ 
journment,  at  the  adjourned  meeting,  it  shall  appear  that  such  pro¬ 
visions  have  been  complied  with,  then  the  trustees  shall  consider  the- 
petition,  and  shall  also  hear  any  legal  voters  living  in  the  district  or 
districts  that  will  be  affected  by  the  change  if  made,  who  may  ap¬ 
pear  before  them  to  oppose  the  petition,  and  they  shall  grant  or  re¬ 
fuse  the  prayer  of  the  petitioners  without  unreasonable  delay.  After 
the  trustees  shall  consider  the  petition,  no  objection  shall  be  there¬ 
after  raised  as  to  its  form,  and  their  action  shall  be  prim  a  facie  evi¬ 
dence  that  all  the  formal  requirements  have  been  complied  with. 

§  54.  The  petitioners,  or  the  legal  voters  who  have  appeared 
before  the  trustees  at  the  meeting  when  the  petition  was  considered, 
and  opposed  the  same,  shall  have  the  right  of  appeal  to  the  county 
superintendent  of  schools:  Provided,  that  the  party  appealing  files 
with  the  clerk  of  the  trustees  a  written  notice  of  appeal  within  ten 
days  after  the  final  action  upon  the  petition  by  the  trustees,  which 
notice  may  be  in  the  following  form,  to-wit: 

To  the  trustees  of  schools,  township  No . ,  range  No .  of  . 

county,  Illinois: 

You  are  hereby  notified  that  the  undersigned  will  appeal  from  your  de 

cision,  made  on  the  .  day  of  . ,  A.  D . .  . .,  granting  (or 

refusing)  the  prayer  of  the  petition  in  regard  to  (here  give  substance  of 

the  petition  concerned)  to  the  county  superintendent  of  schools  of  . 

county,  Illinois,  as  provided  by  law. 

Signed  . 

§  55.  When  an  appeal  is  taken  from  the  action  of  the  trustees  to 
the  county  superintendent,  the  clerk  of  the  trustees  shall,  within  five 
days  after  the  written  notice  of  the  appeal  has  been  filed  with  him 


27 


by  the  appellants,  transmit  all  the  papers  in  the  case,  with  a  trans¬ 
cript  of  the  records  of  the  trustees,  showing  their  action  thereon  to 
the  county  superintendent;  and,  in  case  of  an  appeal,  the  township 
treasurer  shall  be  required  to  take  no  further  action  in  the  matter, 
except  upon  the  order  of  the  county  superintendent,  whose  duty  it 
shall  be  to  investigate  the  case  up§>n  such  appeal;  and  if,  in  his 
opinion,  the  change  asked  is  for  the  best  interest  of  the  district  or 
districts  concerned,  he  shall  make  such  change  or  changes,  but  if  he 
considers  the  proposed  change  unadvisable,  he  shall  refuse  to  make 
it,  and  shall  reverse,  if  need  be,  the  action  of  the  trustees,  and  shall 
give  the  clerk,  from  whom  he  received  the  paper,  immediate  notice 
of  his  decision;  and  his  action  shall  be  final  and  binding.  If  the 
changes  asked  for  by  the  petitioners  shall  be  made  by  the  county 
superintendent,  he  shall  notify,  in  writing,  the  clerk  by  whom  the 
papers  in  the  case  were  transmitted  to  him,  of  his  action,  and  the 
clerk  shall  thereupon  make  a  record  of  the  same,  and  shall,  within 
ten  days  thereafter,  make  a  copy  of  the  same,  and  a  map  of  the  town¬ 
ship,  showing  the  districts,  and  an  accurate  list  of  the  tax-payers  of 
the  newly  arranged  districts,  and  deliver  them  to  the  county  clerk 
for  filing  and  record  by  him.  the  same  as  if  the  changes  had  been  or¬ 
dered  by  the  trustees. 

§  56.  In  all  cases  where  the  territory  affected  by  a  proposed 
change  of  district  boundaries  is  divided  by  a  county  line  or  lines,  the 
appeal  may  be  taken  to  the  county  superintendent  of  schools  of  any 
one  of  the  counties  in  which  said  territory  is  partly  located;  and 
upon  any  appeal  being  taken  in  any  such  case,  the  county  superin¬ 
tendent  of  schools,  to  whom  such  appeal  is  taken,  shall  forthwith, 
give  notice  to  the  county  superintendent  or  superintendents  of 
schools  of  the  other  county  or  counties,  of  the  pendency  of  such  ap¬ 
peal,  and  of  the  time  and  place  when  and  where  it  will  be  heard;  and 
the  county  superintendents  of  schools  of  the  counties  in  which  the 
said  territory  ig  located,  shall  meet  together  at  such  time  and  place,, 
and  together  hear  and  determine  said  appeal.  In  case  the  said 
county  superintendents  shall  be  unable  to  arrive  at  an  agreement, 
then  the  county  judge  of  the  county  where  such  appeal  is  pending 
shall  be  called,  and  shall  constitute  one  of  the  board  of  appeal,  and 
thereupon  the  appeal  shall  be  heard  and  determined  by  them.  And 
the  county  superintendent  of  schools,  to  whom  such  appeal  is  taken, 
shall  at  once  notify,  in  writing,  the  clerk  by  whom  the  papers  in  the- 
case  were  transmitted  to  him  of  the  action  taken  on  such  appeal,  as 
hereinafter  provided 

§  57.  Whenever  change  in  boundaries  is  made  by  the  trustees  of 
schools,  if  no  appeal  is  taken  to  the  county  superintendent,  the  clerk 
of  the  trustees  shall  make  a  complete  copy  of  the  record  of  the  action 
of  the  trustees,  which  copy  shall  be  certified  by  the  president  of  the 
trustees  and  the  clerk  who  shall  file  the  same,  together  with  a  map 
of  the  township,  showing  the  districts,  and  an  accurate  list  of  the 
tax-pavers  of  the  newly  arranged  districts,  with  the  county  clerk  for 
record  within  twenty  days  of  the  action  of  the  trustees. 


28 


§  58.  In  case  any  territory  shall  be  set  off  from  any  district  that 
lias  a  bonded  debt,  the  change  not  being  petitioned  for  by  a  majority 
of  the  legal  voters  of  said  district,  such  original  district  shall  remain 
liable  for  the  payment  of  such  bonded  debt  as  if  not  divided.  The 
directors  of  the  original  district  having  such  bonded  debt  and  of  the 
district  into  which  the  territory  taken  from  such  original  district  has 
been  incorporated  or  formed,  shall  constitute  a  joint  board  for  the 
purpose  of  determining  and  certifying,  and  they  shall  determine  and 
'certify  to  the  county  clerk  the  amount  of  tax  required  yearly  for  the 
purpose  of  paying  the  interest  and  principal  of  such  bonded  debt; 
which  tax  shall  be  extended  by  the  county  clerk  against  all  property 
embraced  within  such  original  district  as  if  it  had  not  been  divided. 

§  59.  When  the  trustees  of  schools  shall  organize  a  new  district, 
as  hereinbefore  provided  for,  it  shall  be  the  duty  of  the  clerk  of  the 
board  of  trustees,  if  no  appeal  is  taken  to  the  county  superintendent, 
to  order,  within  fifteen  days  after  the  action  of  the  trustees,  an  elec¬ 
tion,  to  be  held  at  some  convenient  time  and  place,  within  the  bound¬ 
aries  of  such  newly  organized  district,  for  the  election  of  three  school 
directors,  notice  being  given  by  the  township  treasurer,  who  shall 
post  up  at  least  three  notices  of  such  election  in  at  least  three  prom¬ 
inent  places  in  said  district,  at  least  ten  days  prior  to  the.  time  ap¬ 
pointed  for  holding  such  election,  which  notices  shall  specify  the 
place  where  such  election  is  to  be  held,  the  time  for  opening  and 
closing  the  polls,  and  the  object  of  said  election,  which  notice  may 
be  in  the  following  form,  to-wit: 

“election  notice.” 

Public  notice  is  hereby  given  that  on  the  .  day  of  .  A.  D. 

.  an  election  will  be  held  at  . .  for  the  purpose  of  electing 

three  school  directors  for  the  new  district  known  asdistrict  No . ,  in 

township  No . .  range  No . ,  of  the .  P.  M.,  in . 

county,  Illinois. 

The  polls  at  said  election  will  be  open  at . o’clock . M.,  and  close 

at . o’clock . M. 

By  order  of  the  board  of  trustees  of  said  township. 

Sighed  . 

Township  Treasurer. 

§  60.  At  the  time  appointed  for  opening  the  polls  for  said  elec¬ 
tion,  it  shall  be  the  duty  of  the  legal  voters  present,  five  of  whom 
shall  constitute  a  quorum,  to  appoint  three  of  their  number,  two  of 
whom  shall  act  as  judges,  and  one  as  clerk  of  said  election;  and  the 
election  in  all  other  respects  shall  be  conducted  as  other  elections 
for  the  election  of  school  directors. 

§  61.  Within  ten  days  after  the  election,  it  shall  be  the  duty  of 
the  directors,  elected  at  such  election,  to  meet  at  some  convenient 
time  and  place  previously  agreed  upon  by  said  directors,  and  or¬ 
ganize  as  a  district  board  by  appointing  one  of  their  number  presi¬ 
dent,  and  another  one  of  their  number  clerk  of  said  board,  as  in 
other  cases  of  the  election  of  school  directors.  At  this  first  meeting 
of  the  directors,  they  shall  draw  lots  for  their  respective  terms  of 


29 


office  for  one,  two  and  three  years,  each  of  which  shall  be  considered 
a  fractional  term,  ending  at  each  annual  meeting  according  to  the 
term  drawn. 

§  62.  In  case  a  new  district  is  organized  by  the  action  of  the 
county  superintendent,  the  said  clerk  of  the  board  of  trustees  shall, 
within,  five  days  after  he  has  received  notice  of  the  action  of  the 
county  superintendent  on  the  appeal,  order  an  election  of  directors 
in  the  new  district,  the  same  as  if  the  change  had  been  made  by  the 
board  of  trustees,  and  such  election  shall  be  held  in  the  same  man¬ 
ner  as  the  election  provided  for  where  the  trustees  have  formed  such 
new  district. 

§  63.  Whenever  a  new  district  has  been  formed  by  the  trustees, 
or  by  the  county  superintendent,  or  county  superintendents,  from  a 
part  of  a  district  or  from  parts  of  two  or  more  districts,  the  trustees 
of  the  township  or  townships  concerned  shall  proceed  forthwith  to 
make  a  distribution  of  tax  funds,  or  other  funds  which  are  in  the 
hands  of  the  treasurer,  or  to  which  the  district  may,  at  the  time  of 
such  division,  be  entitled ;  so  that  both  the  old  and  new  districts 
shall  receive  parts  of  such  funds,  in  proportion  to  the  amount  of 
taxes  collected  next  preceding  such  division  from  the  taxable 
property  in  the  territory  composing  the  several  districts.  If  the 
new  districts  be  composed  of  parts  of  two  or  more  districts,  the  trus¬ 
tees  shall  make  distribution  of  said  funds  between  the  new  district 
and  the  old  districts,  respectively,  so  that  the  new  district  shall 
receive  a  distribution  of  the  funds  of  each  of  the  old  districts,  in  the 
proportion  which  the  amount  of  taxes  collected  from  the  property  in 
the  territory  of  the  new  district  bears  to  the  whole  taxes  collected, 
next  before  the  division,  in  the  old  district;  and  the  town  treasurer 
shall  forthwith  place  the  sum  so  distributed  to  the  credit  of  the 
respective  districts,  and  shall  immediately  place  the  proportion  of 
the  funds  to  which  said  new  district  may  be  entitled  to  its  credit  on 
his  books,  and  the  funds  on  hand  shall  be  subject  at  once  to  the 
order  of  the  directors  of  the  new  district,  and  those  not  on  hand  as 
soon  as  collected. 

§  64.  The  trustees  of  the  township  or  townships  concerned  shall, 
at  the  time  of  the  creation  of  a  new  district,  or  within  the  period  of 
thirty  days  thereafter,  proceed  to  the  appointment  of  three  ap¬ 
praisers,  who  shall  not  be  citizens  of  the  township  or  townships 
interested.  It  shall  be  the  duty  of  said  appraisers,  within  thirty 
days  after  their  appointment,  to  appraise  the  school  property,  both 
real  and  personal,  of  the  district  or  districts  interested,  at  their  fair 
cash  value.  Within  thirty  days  after  such  appraisment,  the  trustee 
or  trustees  of  the  township  or  townships  concerned  shall  proceed  to 
charge  the  property  to  the  district  in  which  it  may  be  found,  and  to 
credit  the  other  district  interested  therein  with  its  proportion  of 
such  valuation:  Provided,  that  the  bona  fide  debts,  if  any,  of  the 
old  district,  shall  first  be  deducted  and  the  balance  charged  and 
credited  as  aforesaid  and  the  trustees  shall  direct  the  treasurer  to 
place  to  the  credit  of  the  district  not  retaining  said  property,  its 
proportion  of  the  value  of  said  property,  and  of  the  funds  then  on 


30 


hand,  or  subsequently  to  accrue,  belonging  to  such  district  to  which 
such  property  is  charged. 

§  65.  If  the  trustees  shall  fail  to  observe  the  provisions  of  sections 
63  and  64,  in  reference  to  distribution  of  funds  and  property,  they 
shall  be  individually  and  jointly  liable  to  the  district  interested,  in 
an  action  on  the  case,  to  the  full  amount  of  the  damages  sustained 
by  the  district  aggrieved.  Where  trustees  have  heretofore  failed  to 
make  distribution  of  property  to  districts,  as  provided  in  said  sec¬ 
tions  63  and  64  of  this  article,  the  district  interested  in  the  making 
of  such  distribution  may,  by  its  directors,  request  the  trustees,  in 
writing,  to  proceed  to  make  such  distribution;  and  said  trustees  shall 
proceed  to  make  such  distribution  in  the  manner  prescribed,  and 
shall  be  liable,  as  herein  stated,  for  a  neglect  or  failure  so  to  do. 

§  66.  The  clerk  of  any  board  of  trustees  who  shall  fail,  neglect, 
or  refuse  to  perform  the  duties  imposed  upon  him  by  this  article  of 
this  act,  or  any  of  them,  within  the  time  and  in  the  manner  pre¬ 
scribed,  shall,  for  each  offense,  forfeit  not  less  than  ten  dollars  ($10), 
nor  more  than  twenty-five  dollars  ($25)  of  his  pay  as  clerk  of  the 
board  of  trustees  and  township  treasurer,  which  forfeiture  shall  be 
enforced  by  the  trustees. 

§  67.  If  any  school  district  shall,  for  two  consecutive  years,  fail 
to  maintain  a  public  school,  as  required  by  law  to  do,  it  shall  be  the 
duty  of  the  trustees  of  schools  of  the  township,  or  townships,  in 
which  such  district  lies,  to  attach  the  territory  of  such  district  to 
one  or  more  adjoining  school  districts;  and,  in  case  said  territory  is 
added  to  two  or  more  districts,  to  divide  the  property  of  said  district 
between  the  districts  to  which  its  territory  is  added,  in  the  manner 
hereinbefore  provided  for  the  division  of  property  in  case  a  new 
district  is  organized  from  a  part  of.  another  district,  and  the  action 
of  the  trustees  in  such  a  case  shall  be  final  and  binding.  And  the 
clerk  of  the  trustees  in  such  case  shall  file  a  copy  of  the  record  of 
the  same,  together  with  the  map  and  list  of  tax-payers  with  the 
county  clerk  as  in  other  cases  of  change  of  district  boundaries. 

§  68.  The  majority  of  legal  voters  of  a  district  lying  in  two  or 
more  townships  may  secure  the  dissolution  of  said  district  by  peti¬ 
tioning  the  several  boards  of  trustees  of  said  townships,  at  their  reg¬ 
ular  meeting  in  April,  that  each  will  add  the  territory  belonging  to  said 
district,  in  its  township,  to  one  or  more  adjacent  districts.  Upon  re¬ 
ceipt  of  such  petition,  or  the  returns  of  the  election  (in  districts  con¬ 
taining  one  thousand  or  more  inhabitants)  the  several  boards  of 
trustees  shall  each  make  such  disposition  of  the  territory  of  said  dis¬ 
trict  as  lies  in  its  township,  and  they  shall  jointly  make  such  division 
of  property  of  said  district  between  the  districts  to  which  its  terri¬ 
tory  is  attached,  as  is  hereinbefore  provided  in  the  case  of  the  or¬ 
ganization  of  a  new  district  from  a  part  of  another  district.  The  ac¬ 
tion  of  the  trustees,  in  accordance  with  such  petition  or  election, 
shall  be  final  and  binding;  and  the  clerks  of  the  several  boards  of 
trustees,  in  such  case,  shall  file  a  copy  of  the  record  of  the  same,  to¬ 
gether  with  the  map  and  lists  of  tax-payers,  with  the  county  clerk, 
as  in  other  cases  of  change  of  district  boundaries. 


31 


§  69.  The  trustees  of  schools,  elected  as  provided  for  in  this  ar¬ 
ticle,  shall  be  the  successors  to  the  trustees  of  school  lands,  appointed 
by  the  county  commissioners’  court,  and  of  trustees  of  schools  elected 
in  townships  under  the  provisions  of  “An  act  making  provisions  for 
organizing  and  maintaining  common  schools,”  approved  February 
26,  1841,  and  “An  act  to  establish  and  maintain  common  schools,” 
approved  March  1,  1847,  and  “An  act  to  establish  and  maintain  a 
■system  of  free  schools,”  approved  April  1,  1872.  All  rights  of  prop¬ 
erty,  and  rights  and  causes  of  action,  existing  or  vested  in  the  trus¬ 
tees  of  school  lands,  or  the  trustees  of  schools  appointed  or  elected 
as  aforesaid,  for  the  use  of  the  inhabitants  of  the  township,  or  any 
part  of  them,  shall  vest  in  the  trustees  of  schools,  as  successors,  in 
as  full  and  complete  a  manner  as  was  vested  in  the  trustees  of  school 
lands,  or  the  trustees  of  schools  ax^pointed  and  elected,  as  aforesaid. 

ARTICLE  IV. 


TOWNSHIP  TREASURER. 


g  1.  Bond;  form  of  bond. 

g  2.  Treasurer’s  accounts;  record  of  notes 
and  bonds;  subject  to  inspection. 

•g  3.  Terms  of  loans. 

■g  4.  Securities  to  run  to  board  of  trustees. 

g  5.  Surplus  district  funds  may  be  loaned. 

g  6.  Statement  of  loans  to  be  delivered  to 
county  superintendent. 

■g  7.  Form  and  I'elease  of  mortgage. 

3  8.  Action  on  mortgage;  insurance  poli¬ 
cies. 

£  9.  Additional  security. 

g  10.  Preference  given  to  debts  due  to  school 
fund. 

■g  11.  Default  in  payment;  penalty;  action  to 
recover  interest. 

•g  12.  Manner  of  bringing  suits. 


g  13.  Treasurer  shall  keep  nfoney,  books  and 
papers,  and  keep  funds  at  interest. 

g  14.  Send  annual  statement  to  trustees. 

g  15.  Annual  exhibit. 

g  16.  Statement  to  districts;  exhibit  to  be 
posted. 

§  17.  Penalty  for  failure  to  perform  require¬ 
ments  of  the  preceding  sections. 

g  18.  Unpaid  orders  of  teachers  to  draw  in¬ 
terest. 

g  19.  Additional  duties  defined. 

g  20.  Treasurer  liable  for  failure  to  perform 
his  duties,  but  not  liable  when  acting 
under  orders  of  board. 

?  21.  Bonds,  securities,  etc.,  to  be  turned 
over  to  successor;  penalty  and  judg¬ 
ment. 

g  22.  Compensation  of  the  treasurer. 


Section  1.  The  township  treasurer  apxoointeci  by  the  board  of 
trustees  of  schools  shall,  before  entering  upon  his  duties,  execute  a 
bond  with  tw^o  or  more  freeholders,  who  shall  not  be  members  of  the 
board,  as  securities,  payable  to  the  board  of  trustees  of  the  townshix^ 
for  which  he  is  ax)pointed  treasurer,  with  a  sufficient  penalty  to  cover 
all  liabilities  which  may  be  incurred,  conditioned  faithfully  to  per¬ 
form  all  the  duties  of  township  treasurer  in  township  No.  . . . 

range  No . in . county  according  to  law;  which 

bond  shall  be  apx^roved  by  at  least  a  majority  of  the  board,  and  shall 
be  delivered  by  one  of  the  trustees  to  the  county  superintendent  of 
the  i^roper  county.  And  in  all  cases  where  such  treasurer  aforesaid 
is  to  have  the  custody  of  all  bonds,  mortgages,  moneys  and  effects 
denominated  principal,  and  belonging  to  the  township  for  which  he 


32 


is  appointed  treasurer,  the  penalty  of  such  treasurer’s  bonds  shall  be* 
twice  the  amount  of  all  bonds,  notes,  mortgages,  moneys  and  effects; 
and  shall  provide  for  the  faithful  accounting  for,  and  turning  over, 
of  all  such  bonds,  notes,  mortgages,  moneys  and  effects  as  shall  come 
into  his  hands  while  he  may  act  as  such  treasurer,  under  such  ap¬ 
pointment,  to  his  successor,  when  appointed  and  qualified,  as  herein 
provided,  by  giving  bond.  The  penalty  of  said  bond  shall  be  in¬ 
creased  from  time  to  time,  as  the  increase  of  the  amount  of  notes, 
bonds,  mortgages  and  effects  may  require,  and  whenever,  in  the  judg¬ 
ment  of  the  trustees  or  county  superintendent,  the  security  is  in¬ 
sufficient.  Any  and  every  township  treasurer  appointed  subsequent 
to  the  first,  as  herein  provided,  shall  execute  bond  with  security,  as 
is  required  of  the  first  treasurer. 

The  bond  required  in  this  section  shall  be  in  the  following  form, 
viz.: 

State  of  Illinois,  \q_ 

. County,  / 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.  and  E.  F.,  are  held 
and  firmly  bound,  jointly  and  severally,  unto  the  board  of  trustees  of  town¬ 
ship . *. . ,  range . in  said  county,  in  the  penal  sum  of . 

dollars,  for  the  payment  of  which  we  bind  ourselves,  or  heirs,  executors  and 
administrators  firmly  by  these  presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this .......... 

day  of . ,  A.  D.,  18 _  The  condition  of  the  above  obligation  is 

such  that  if  the  above  bounden  A.  B.,  township  treasurer  of  township 

. ,  range . ,  in  the  county  aforesaid,  shall  faithfully  discharge 

the  duties  of  said  office,  according  to  the  laws  which  now  are  or  may  here¬ 
after  be  in  force,  and  shall  deliver  to  his  successor  in  office,  after  such 
successor  shall  have  fully  qualified  by  giving  bond  as  provided  by  law,  all 
moneys,  books,  papers,  securities  and  property  which  shall  come  into  his 
hands  or  control,  as  such  townshin  treasurer,  from  the  date  of  this  bond  up 
to  the  time  that  liis  successor  shall  have  duly  qualified  as  township  treasurer, 
by  giving  such  bond  as  shall  be  required  by  law,  then  this  obligation  to  be 
void;  otherwise  to  remain  in  full  force  and  virtue. 

Approved  and  accepted  by: 


A.  B.,  (Seal.) 
C.  D.,  (Seal.) 
E.  F.,  (Seal.) 


§  2.  Every  township  treasurer  shall  provide  himself  with  two 
well  bound  books,  the  one  to  be  called  a  cash  book,  the  other  a  loan 
book.  He  shall  charge  himself  in  the  cash  book  with  all  moneys 
received,  stating  the  charge,  when,  from  whom,  and  on  what  account 
received,  and  credit  himself  with  all  moneys  paid  or  loaned,  stating 
the  amount  loaned,  the  date  of  the  loan,  the  rate  of  interest,  the 
time  when  payable,  the  name  of  the  securities;  or,  if  real  estate  to 
be  taken,  a  description  of  the  same. 

He  shall  also  enter,  in  separate  accounts,  moneys  received  and 
moneys  paid  out,  charging  the  first  to  debit  account,  and  crediting 
the  latter  as  follows,  to-wit: 

First — The  principal  of  the  township  fund,  when  paid  in  and 
when  paid  out. 

Second — The  interest  of  the  township  fund,  when  received  and 
when  paid  out. 


33 


Third — The  common  school  fund  and  other  funds,  when  received 
from  the  county  superintendent  and  when  paid  out. 

Fourth — The  taxes  received  from  the  county  or  town  collector, 
for  what  district  received,  and  when  and  what  purpose  paid  out. 

Fifth — Donations  received. 

Sixth — Moneys  coming  from  all  other  sources;  and  in  all  cases 
entering  the  date  when  received,  and  when  paid  out.  And  he  shall 
also  arrange  and  keep  his  books  and  accounts  in  such  other  manner 
as  may  be  directed  by  the  State  or  county  superintendent  or  the 
board  of  trustees.  He  shall  also  provide  a  book,  to  be  called  a  journal, 
in  which  he  shall  record,  fully  and  at  length,  the  acts  and  proceed¬ 
ings  of  the  board,  their  orders,  by-laws  and  resolutions.  And  he 
shall  also  provide  a  book,  to  be  called  a  record,  in  which  he  shall 
enter  a  brief  description  of  all  notes  or  bonds  belonging  to  the  town¬ 
ship,  and  upon  the  opposite  page  he  shall  note  down  when  paid,  or 
any  remarks  to  show  where  or  in  what  condition  it  is,  as  in  the 
following  form,  viz.: 


Maker’s  Name. 

Date  of  Note. 

When  Due. 

Amount. 

Remarks. 

A.  B..  C.  D., 

E.'  F. 

January  1,  18 _ 

January  1,  18.... 

$90  00 

January  6,  18 . handed 

to  I.  J.,  fok  collection,  or 
January  ti.  18...,  paid. 

All  the  books  and  accounts  of  the  treasurer  shall  at  all  times  be 
subject  to  the  inspection  of  the  trustees,  directors  or  other  person 
authorized  by  this  act,  or  by  any  committee  appointed  by  the  voters 
of  the  township,  at  the  annual  election  of  trustees,  to  examine  the 
same. 

§  3.  Township  treasurers  shall  loan,  upon  the  following  condi¬ 
tions,  all  moneys  which  shall  come  to  their  hands  by  virtue  of  their 
office,  except  such  as  may  be  subject  to  distribution.  The  rate  of 
interest  shall  not  be  less  than  six  (6)  per  cent.,  nor  more  than  eight 
(8)  per  cent,  per  annum*  payable  annually,  the  rate  of  interest  to 
be  determined  by  a  majority  of  the  township  trustees  at  any  regular 
or  special  meeting  of  their  board.  No  loans  shall  be  made  for  less 
than  six  (6)  months,  nor  more  than  five  (5)  years.  For  all  sums 
not  exceeding  two  hundred  dollars  ($200)  loaned  for  not  more  than 
one  year,  two  (2)  responsible  sureties  shall  be  given;  for  all  sums 
over  two  hundred  dollars  ($200),  and  for  all  loans  for  more  than 
one  (1)  year,  security  shall  be  given  by  mortgage  on  real  estate  un¬ 
incumbered,  in  value  forty  per  cent,  more  than  the  amount  loaned, 
with  a  condition  that  in  case  additional  security  shall  be  at  any  time 
required,  the  same  shall  be  given  to  the  satisfaction  of  the  board  of 
trustees  for  the  time  being:  Provided ,  that  nothing  herein  shall 
prevent  the  loaning  of  township  funds  to  boards  of  school  directors, 
taking  bonds  therefor,  as  provided  in  section  1,  article  IX,  of 
this  act. 


*  7  per  cent,  is  the  highest  rat»  allowed  by  law  on  loans  made  on  or  after  July  1,  1891. 

-3 


34 


§  4.  Notes,  bonds,  mortgages  and  other  securities  taken  for  money 
or  other  property  due,  or  to  become  due,  to  the  board  of  trustees  for 
the  township,  shall  be  payable  to  the  said  board  by  their  corporate 
name;  and  in  such  name,  suits,  actions  and  complaints,  and  every 
description  of  legal  proceedings  may  be  had  for  the  recovery  of 
money,  the  breach  of  contracts  and  for  every  legal  liability  w’hich 
may  at  any  time  arise  or  exist,  or  upon  which  a  right  of 
action  shall  accrue  to  the  use  of  such  corporation:  Provided, 
however,  that  notes,  bonds,  mortgages  and  other  securities  in 
which  the  name  of  the  county  superintendent,  or  of  the  trustees  of 
schools  are  inserted,  shall  be  valid  to  all  intents  and  purposes, 
and  suit  shall  be  brought  in  the  name  of  the  board  of  trustees  as 
aforesaid.  The  wife  of  the  mortgagor,  (if  he  is  married)  shall  join  in 
the  mortgage  given  to  secure  the  payment  of  money  loaned  by  virtue 
of  the  provisions  of  this  act. 

§  5.  Whenever  there  is  a  surplus  fund  in  the  treasurer’s  hands 
belonging  to  any  school  district,  the  treasurer  may  loan  the  same  for 
the  use  and  benefit  of  such  district,  upon  the  written  request  of  the 
directors  of  said  district  and  not  otherwise;  and  all  such  loans  shall 
be  on  the  same  conditions  as  are  prescribed  in  this  article  for  the 
loaning  of  township  funds. 

§  6.  The  township  treasurer  shall,  on  or  before  the  30th  day  of 
June,  annually,  prepare  and  deliver  to  the  county  superintendent  of 
his  county,  a  statement,  verified  by  his  affidavit,  showing  the  exact 
condition  of  the  township  funds.  Said  statement  shall  contain  a 
description  of  the  securities,  bonds,  mortgages  and  notes  belonging 
to  the  township,  giving  names  of  securities,  dates,  amount  of  loans, 
rate  of  interest,  when  due,  and  all  data  by  which  a  full  understand¬ 
ing  of  the  condition  of  the  funds  may  be  obtained.  The  county 
superintendent  shall  preserve  such  statement  for  the  use  of  the 
township. 

§  7.  Mortgages  to  secure  the  payment  of  money  loaned  under  the 
provisions  of  this  act,  may  be  in  the  following  form,  viz.: 

I,  A.  B.,  of  the  county  of .  and  State  of  . . . ,  do 

hereby  grant,  convey  and  transfer  to  the  trustees  of  school  of  township . . 

. .  range  No . ,  in  the  county  of . ,  and  State  of  Illi¬ 
nois,  for  the  use  of  the  inhabitants  of  said  township,  the  following  described 
real  estate,  to-wit:  (Here  insert  premises),  which  real  estate  I  declare  to  be 

in  mortgage  for  the  payment  of  .  dollars  loaned  to  me  and 

for  the  payment  of  all  interest  that  may  accrue  thereon  to  be  computed 

at  the  rate  of  .  per  cent,  per  annum  until  paid.  And  I  do 

hereby  covenant  to  pay  the  said  sum  of  money  in  .  years  from  the 

date  hereof,  and  to  pay  the  interest  on  the  same  annually,  at  the  rate  aforesaid. 
I  further  covenant  that  I  have  a  good  and  valid  title  to  said  estate,  and  that 
the  same  is  free  from  all  incumbrance,  and  that  I  will  pay  all  taxes  and  as¬ 
sessments  which  may  be  levied  on  said  estate,  and  that  I  will  give  any  addi¬ 
tional  security  that  may  at  any  time  be  required  in  writing  by  said  board  of 
trustees;  and  if  said  estate  be  sold  to  pay  said  debt,  or  any  part  thereof,  or 
for  any  failure  or  refusal  to  comply  with  or  perform  the  conditions  of 
covenant  herein  contained,  I  will,  deliver  immediate  possession  of  the 
premises.  And  it  is  further  agreed,  by  and  between  the  parties,  in  case  a 
bill  is  filed  in  any  court  to  foreclose  this  mortgage  for  non-payment  of  either 
principal  or  interest,  that  the  martgagor  will  pay  a  reasonable  solicitor’s  fee, 


35 


•and  the  same  shall  be  included  in  the  decree  and  be  taxed  as  costs:  and  we, 
A.  B.,  and  C.,  wife  of  A.  B.,  hereby  release  all  ris:ht  to  the  said  premises 
which  we  may  have  by  virtue  of  any  homestead  laws  of  this  State,  and  in 
consideration  of  the  premises,  C.,  wife  of  A.  B.,  doth  hereby  release  to  said 
board  all  her  right  and  title  of  dower  in  the  aforegranted  premises  for  the 
purpose  aforesaid. 

In  testimony  whereof,  we  have  hereby  set  our  hand  and  seals  this . 

. . day  of . ,18 _ 

A.  B.  (Seal.) 

C.  B.  (Seal.) 


Which  mortgage  shall  be  acknowledged  and  recorded  as  is  required 
by  law  for  other  conveyances  of  real  estate,  the  mortgagor  paying 
expenses  of  acknowledgment  and  recording. 

On  payment  of  any  school  mortgage  in  full,  it  shall  be  the  duty  of 
the  trustees  of  schools  to  give  a  deed  of  release  of  such  mortgage  or 
to  enter  satisfaction  thereof  upon  the  record,  such  deed  of  release  or 
satisfaction  to  be  executed  by  the  township  treasurer. 

§  8.  Upon  the  breach  of  any  condition  or  stipulation  contained 
in  said  mortgage,  an  action  may  be  maintained  and  damages  recov¬ 
ered  as  upon  other  covenants;  but  mortgages  made  in  any  other  form 
to  secure  payment,  as  aforesaid,  shall  be  valid  as  if  no  form  had  been 
prescribed.  In  estimating  the  value  of  real  estate  mortgaged  to 
secure  the  payment  of  money  loaned  under  the  provisions  of  this 
law,  the  value  of  imx^rovements  liable  to  be  destroyed  may  be  in¬ 
cluded;  but  in  any  such  case  said  improvements  shall  be  insured  for 
the  insurable  value  thereof  in  some  safe  and  responsible  insurance 
company  or  companies,  and  the  policy  or  policies  of  insurance  shall 
be  transferable  to  the  board  of  trustees  as  additional  security  for  any 
loan,  and  shall  be  kept  so  insured  until  the  loan  is  paid. 

§  9.  In  all  cases  where  the  board  of  trustees  shall  require  ad¬ 
ditional  security  for  the  payment  of  money  loaned,  and  such  security 
shall  not  be  given,  the  township  treasurer  shall  cause  suit  to  be  in¬ 
stituted  for  the  recovery  of  the  same,  and  all  interest  thereon  to  the 
date  of  judgment:  Provided ,  that  pa*00!:  be  made  of  the  said 
requisition. 

§  10.  In  the  payment  of  debts  by  executors  and  administrators, 
those  due  the  common  school  or  township  fund  shall  have  a  prefer¬ 
ence  over  all  other  debts,  except  funeral  expenses,  the  widow’s  award, 
and  the  expenses  attending  the  last  sickness,  not  including  the 
physician’s  bill.  And  it  shall  be  the  duty  of  the  township  treasurer 
to  attend  at  the  office  of  the  probate  judge  upon  the  proper  day,  as 
other  creditors,  and  have  any  debts,  as  aforesaid,  probated  and 
classed,  to  be  paid  as  aforesaid. 

§  11.  If  default  be  made  in  the  payment  of  interest  due  upon 
money  loaned  by  any  county  superintendent  or  township  treasurer, 
or  in  the  payment  of  the  principal,  interest  at  the  rate  of  twelve  per 
cent,  per  annum  shall  be  charged  upon  the  principal  and  interest 
from  the  day  of  default,  which  interest  shall  be  included  in  the 
assessment  of  damages;  or  in  the  judgment  in  the  suit  or  action 
brought  upon  the  obligation  to  enforce  payment  thereof,  and  interest 
as  aforesaid  may  be  recovered  in  an  action  brought  to  recover  in- 


36 


terest  only.  The  said  township  treasurer  is  hereby  empowered  to 
bring  appropriate  actions  in  the  name  of  the  board  of  trustees,  for 
the  recovery  of  the  yearly  interest,  when  due  and  unpaid,  without 
suing  for  the  principal,  in  whatever  form  secured;  and  justices  of 
the  peace  shall  have  jurisdiction  of  such  cases  of  all  sums  not  ex¬ 
ceeding  two  hundred  dollars. 

§  12.  All  suits  brought  or  actions  instituted  under  the  provisions 
of  this  act,  may  be  brought  in  the  name  of  the  trustees  of  schools  of 

township  No . .  range  No . ,  except  as  provided  for  qui  tam 

actions,  or  actions  in  favor  of  county  superintendents, 

§  13.  The  said  township  treasurer  shall  demand,  receive  and 
safely  keep,  according  to  law,  all  moneys,  books  and  papers  of  every 
description  belonging  to  his  township.  He  shall  keep  the  township 
funds  loaned  at  interest;  and  if,  on  the  first  Monday  in  October,  in 
any  year,  there  shall  be  any  interest  or  other  funds  on  hand  which 
shall  not  be  required  for  distribution,  such  amount  not  required  as 
aforesaid,  may,  if  the  board  of  trustees  see  proper,  forever  be  con¬ 
sidered  as  principal  in  the  funds  to  which  it  belongs,  and  loaned  as 
such. 

§  14.  On  the  first  Mondays  in  April  and  October  of  every  year, 
the  township  treasurer  shall  lay  before  the  board  of  trustees  a  state¬ 
ment  showing  the  amount  of  interest,  rents,  issues  and  profits  that 
have  accrued  or  become  due  since  their  last  regular  half-yearly  meet¬ 
ing,  on  the  township  lands  and  township  funds,  and  also  the  amount 
of  state  and  county  fund  interest  on  hand.  He  shall  also  lay  before 
the  said  trustees  all  books,  notes,  bonds,  mortgages  and  all  other  evi¬ 
dences  of  indebtedness  belonging  to  the  township,  for  the  examina¬ 
tion  of  the  trustees;  and  shall  make  such  other  statement  as  the 
board  may  require,  touching  the  duties  of  his  office. 

§  15.  The  said  township  treasurer  shall  make  out  annually,  and 
present  to  the  board  of  trustees,  at  their  meeting  succeeding  the 
annual  election,  a  complete  exhibit  of  the  fiscal  affairs  of  the  town¬ 
ship,  and  of  the  several  districts  or  parts  of  districts  in  the  township, 
showing  the  receipts  of  money,  and  the  sources  from  which  they 
have  been  derived,  and  the  deficit  and  delinquencies,  if  there  be  any, 
and  the  cause,  as  well  as  a  classified  statement  of  moneys  paid  out, 
and  the  amount  of  obligations  remaining  unpaid. 

§  16.  The  township  treasurer  shall,  within  two  days  after  the  first 
Monday  in  April,  and  on  July  fifteenth  in  each  year,  make  out  for 
each  district  or  part  of  district  in  the  township,  a  statement  or  ex¬ 
hibit  of  the  exact  condition  of  the  account  of  such  district  or  part  of 
district,  as  shown  by  his  books  on  April  first  and  June  thirtieth  of 
each  year;  which  statement  or  exhibit  shall  show  the  balance  at  the 
time  of  making  the  last  exhibit,  and  the  amount  received  since,  up 
to  the  time  of  making  the  exhibit,  and  when  and  from  what  source 
received;  and  it  shall  also  show  the  amount  paid  out  during  the  same 
time,  to  whom  paid,  and  for  what  purpose,  and  shall  be  balanced, 
and  the  balance  shown.  It  shall  be  the  duty  of  said  treasurer  to  com¬ 
ply  with  any  lawful  demand  the  said  trustees  may  make  as  to  the 
verification  of  any  balance  reported  by  said  treasurer  to  be  on  hand. 


37 


The  exhibit  shall  be  subscribed  and  sworn  to  by  the  treasurer  before 
any  officer  authorized  to  administer  an  oath,  and  shall  then,  by  the 
treasurer,  be,  without  delay,  delivered  or  transmitted  by  mail  to  the 
clerk  of  the  board  of  directors  of  the  proper  district.  It  shall  be  the 
duty  of  the  said  clerk,  upon  receiving  such  exhibit,  to  enter  the  same 
upon  the  records  of  the  district,  and,  at  the  neatt  annual  election  of 
directors  thereafter,  to  cause  a  copy  thereof  to  be  posted  up  at  the 
front  door  of  the  building  where  such  election  is  held. 

17.  For  a  failure  on  the  part  of  the  treasurer,  clerk  of  any 
board  of  directors,  or  any  director,  to  comply  with  any  of  the  re¬ 
quirements  of  the  preceding  sections  of  this  article,  he  shall  be  liable 
to  b  penalty  of  not  less  than  five  dollars  ($5)  nor  more  than  fifty 
dollars  ($50),  to  be  recovered  before  any  justice  of  the  peace  of  the 
county  in  which  the  offense  is  committed. 

§  18.  When  any  order  drawn  for  the  payment  of  a  teacher,  is 
presented  to  the  township  treasurer  for  payment,  and  is  not  paid  for 
want  of  funds,  the  said  treasurer  shall  make  a  written  statement  over 
his  signature  by  an  endorsement  on  such  order,  with  date,  showing 
such  presentation  and  non-payment,  and  shall  make  and  keep  a  re¬ 
cord  of  such  endorsement.  Such  order  shall  thereafter  draw  interest 
at  the  rate  of  eight  per  cent,  per  annum  until  paid,  or  until  the  treas¬ 
urer  shall,  in  writing,  notify  the  clerk  of  the  board  of  directors  that 
he  has  funds  to  pay  such  order;  and  of  said  notice,  the  said  treasurer 
shall  make  and  keep  a  record;  after  giving  said  notice,  he  shall  hold 
the  funds  necessary  to  pay  such  order  until  it  is  presented  for  pay¬ 
ment,  and  such  order  shall  draw  no  interest  after  the  giving  of  said 
notice  to  said  clerk  of  the  board. 

§  19.  In  addition  to  the  foregoing  requirements,  it  shall  be  the 
duty  of  the  said  township  treasurer — 

First — To  return  to  the  county  clerk  of  his  county,  on  or  before 
the  second  Monday  in  August  in  each  year,  the  certificate  of  tax  levy 
made  by  each  board  of  school  directors  in  his  township. 

Second — To  pay,  whenever  he  has  funds  in  his  hands  belonging  to 
the  district,  all  lawful  orders  drawn  on  him  by  the  board  of  directors 
of  any  school  district  in  his  township. 

Third — To  collect,  from  the  collector  of  taxes  of  the  township  and 
the  county  collector  of  taxes,  the  full  amount  of  the  tax  levies  made 
by  the  several  boards  of  directors  in  his  township. 

Fourth — To  examine  the  official  record  of  each  school  district  in 
the  township  on  the  first  Mondays  in  April  and  October  of  each  year. 

Fifth — To  keep  a  correct  account  between  the  districts  where  pupils 
are  transferred  by  the  directors  from  one  district  to  another. 

Sixth — To  give,  upon  the  order  of  the  trustees  of  schools,  notice 
of  the  election  of  trustees,  as  required  by  law. 

Seventh — To  give,  in  case  of  the  formation  of  a  new  school  dis¬ 
trict,  notice  of  the  election  of  a  board  of  school  directors. 


38 


Eighth — To  cause  to  be  published  in  some  newspaper  published  in 
his  county  an  annual  statement  of  the  finances  of  the  township,  as 
required  by  law. 

Ninth — To  make,  whenever  a  change  has  been  made  in  the  boundat- 
ries  of  a  school  district,  a  complete  copy  of  the  records  of  the  trustees,, 
a  map  of  the  township  showing  such  change  of  boundaries,  and  an 
accurate  list  of  the  tax-payers  in  the  newly  arranged  districts,  and 
file  the  same  with  the  county  clerk  within  twenty  days  of  the  time- 
such  change  was  made. 

Tenth — To  file  and  safely  keep  all  poll-books  and  returns  of  elec¬ 
tions  which  may  be  delivered  to  him  under  any  provisions  of  this- 
act. 

Eleventh — To  receive  and  safely  keep  all  moneys,  securities,  papers* 
and  effects  belonging  to  the  township  or  the  school  districts,  which, 
by  law,  are  required  to  be  deposited  with  such  treasurer. 

§  20.  For  any  failure  or  refusal  to  perform  all  the  duties  required 
of  the  township  treasurer  by  law,  he  shall  be  liable  to  the  board  of 
trustees,  upon  his  official  bond,  for  all  damages  sustained,  to  be  re¬ 
covered  by  action  of  debt  by  said  board,  in  their  corporate  name,  for 
the  use  of  the  proper  township,  before  any  court  having  jurisdiction 
of  the  amount  of  damages  claimed;  but  if  such  treasurer,  in  any 
such  failure  or  refusal,  acted  under  and  in  conformity  to  a  requisi¬ 
tion  or  order  of  said  board,  or  a  majority  of  them,  entered  upon  their 
journal  and  subscribed  by  their  president  and  clerk,  then,  and  in  that 
case,  the  members  of  the  board  aforesaid,  or  those  of  them  voting 
for  such  requisition,  or  order  aforesaid,  and  not  the  treasurer,  shall 
be  liable,  jointly  and  severally,  to  the  inhabitants  of  the  township 
for  such  damages,  to  be  recovered  by  an  action  of  assumpsit  in  thp 
official  name  of  the  county  superintendent  of  schools,  for  the  use  of 
the  proper  townships:  Provided,  that  said  township  treasurer  shall 
be  liable  for  any  part  of  the  judgment  obtained  against  said  trustees 
which  can  not  be  collected  on  account  of  the  insolvency  of  such  trus¬ 
tees. 

§  21.  Whenever  a  township  treasurer  shall  resign  or  be  removed, 
and  at  the  expiration  of  his  term  of  office,  he  shall  pay  over  to  his 
successor  in  office  all  money  on  hand,  and  deliver  over  all  books, 
notes,  bonds,  mortgages  and  all  other  securities  for  money,  and  all 
papers  and  documents  of  every  description,  in  which  the  corpor¬ 
ation  has  any  lawful  interest  whatever.  And  in  case  of  the  death  of 
the  township  treasurer,  his  securities  and  legal  representatives  shall 
be  bound  to  comply  with  the  requisitions  of  this  section,  so  far  as 
the  said  securities  and  legal  representatives  may  have  the  power  so 
to  do.  And  for  a  failure  to  comply  with  the  requisites  of  this  sec¬ 
tion,  the  persons  neglecting  or  refusing  shall  be  liable  to  a  penalty 
of  not  less  than  ten  dollars  ($10)  nor  more  than  one  hundred  dollars 
($100)  at  the  discretion  of  the  court  before  which  judgment  may  be 
obtained,  to  be  recovered  in  an  action  of  debt,  in  the  name  of  the 
trustees  of  schools,  before  any  justice  of  the  peace,  for  the  benefit  of 
the  school  fund  of  such  township:  Provided ,  that  the  obtaining  or 
payment  of  such  judgment  shall  in  no  wise  discharge  or  diminish  the- 


39 


obligations  of  the  persons  signing  the  official  bond  of  such  township 
treasurer. 

§  22.  The  township  treasurers  shall  receive  in  full,  for  all  services 
rendered  by  them,  a  compensation  to  be  fixed,  prior  to  their  election, 
by  the  board  of  trustees. 


Article  V. 


BOARD  OF 

2  1.  Boai’d  of  directors  in  -districts  with 
less  than  1,000  inhabitants. 

2  2.  Board  of  directors  a  body  politic. 

2  3.  Eligibility  of  school  directors. 

2  4.  Non-residence  creates  a  vacancy. 

2  5.  Anntial  election  and  term  of  office. 

2  6.  Election  in  new  districts. 

2  7.  Vacancies. 

2  8.  Notices  of  election. 

2  9.  Election  in  certain  cases  ordered  by 
township  treasurer  or  county  super¬ 
intendent. 

2  10.  Judges;  postponement;  election  on 
any  Saturday. 

2  11.  A  tie' vote. 

2  12.  Delivery  of  the  poll-book,  and  filing 
the  same;  certificate. 

2  13.  Poll-book  in  union  district. 

§  14.  Penalty  for  failure  to  deliver  the  poll- 
book. 

2  15.  Organization  of  the  board. 

2  16.  Quorum. 

2  17.  Records. 

2  18.  Meetings. 


DIRECTORS. 

2  19.  Business  to  be  done  at  a  regular  or 
special  meeting. 

2  20.  President  or  clerk  pro  tempore. 

2  21.  Report  of  the  organization. 

2  22.  Reports  of  statistics,  etc. 

2  23.  Not  to  be  interested  in  school  con¬ 
tracts. 

2  24.  Not  to  be  interested  in  sale  of  school 
books,  etc. 

2  25.  Liable  to  indictment  and  fine. 

2  26.  Duties  defined. 

2  27.  Additional  powers  defined. 

2  28.  Orders  on  demand. 

1  29.  Orders  in  anticipation  of  taxes. 

2  30.  Liable  for  balance  due  teachers. 

2  31.  Vote  of  the  district  required  to  locate 
school  sites,  etc. 

2  32.  Compensation  for  school  site. 

2  33.  Removal  by  the  county  superintend¬ 
ent. 

2  34.  Funds  paid  out  upon  orders;  form  of 
order. 

2  35.  Transfer  of  pupils;  separate  sched¬ 
ules. 

2  36.  Directors  collect  amount  due  from 
transfer  pupils. 


Section  1.  In  all  school  districts  having  a  population  of  less 
than  one  thousand  inhabitants,  and  not  governed  bv  any  special 
act  in  relation  to  free  schools  now  in  force,  there  shall  be  elected  in 
the  manner  hereinafter  provided  for,  a  board  of  directors  to  consist 
of  three  members.  [As  amended  by  an  act  approved  June  1,  1889. 

§  2.  The  directors  of  each  district  are  hereby  declared  a  body 
politic  and  corporate,  by  the  name  of  “school  directors  of  District 

No . .  township  No . ,  range  No . ,  county  of 

. .  and  State  of  Illinois,”  and  by  that  name  may  sue  and 

be  sued  in  all  courts  and  places  whatever. 


40 


§  3.  Any  person,  male  or  female,  married  or  single,  of  the  age  of 
twenty-one  years  and  upwards,  who  is  a  resident  of  the  school  dis¬ 
trict,  and  who  is  able  to  read  and  write  in  the  English  language,  shall 
be  eligible  to  the  office  of  school  director:  Provided ,  that  no  person 
shall  be  eligible  to  the  office  of  school  director  who  is  at  the  time  a 
member  of  the  board  of  school  trustees. 

§  4.  If  any  director  shall,  during  the  term  of  his  office,  remove 
from  the  district  in  which  he  was  elected,  his  office  shall  thereby  be¬ 
come  vacant  and  a  new  director  shall  be  elected,  as  in  other  ca?es  of 
vacancy  in  office. 

§  5.  The  annual  election  of  school  directors  shall  be  on  the  third 
Saturday  of  April,  when  one  director  shall  be  elected  in  each  district, 
who  shall  hold  his  office  for  three  years,  and  until  his  successor  is 
elected. 

§  6.  In  new  districts,  the  first  election  of  directors  may  be  on  any 
Saturday,  notice  being  given  by  the  township  treasurer,  as  for  the 
election  of  trustees,  when  three  directors  shall  be  elected,  who  shall, 
at  their  first  meeting,  draw  lots  for  their  respective  terms  of  office, 
for  one,  two  and  three  years. 

§  7.  When  vacancies  occur,  the  remaining  director  or  directors 
shall,  without  delay,  order  an  election  to  fill  such  vacancies,  which 
election  shall  be  held  on  Saturday. 

§  8.  Notices  of  all  elections  in  organized  districts  shall  be  given 
by  the  directors  at  least  ten  days  previous  to  the  day  of  said  election. 
Said  notices  shall  be  posted  in  at  least  three  of  the  most  public 
places  in  the  district,  and  shall  specify  the  place  where  such  election 
is  to  be  held,  the  time  of  opening  and  closing  of  the  polls,  and  the 
question  or  questions  to  be  voted  on. 

§  9.  Should  the  directors  fail  or  refuse  to  order  any  regular  or 
special  election,  as  aforesaid,  it  shall  be  the  duty  of  the  township 
treasurer  to  order  such  election,  and  if  the  township  treasurer  fails 
to  do  so,  then  it  shall  be  the  duty  of  the  county  superintendent  to 
order  such  election  of  directors  within  ten  days,  in  each  case  of  such 
failure  or  refusal,  and  the  election  held  in  pursuance  of  such  order 
shall  be  valid,  the  same  as  if  ordered  bv  the  directors. 

§  10.  Two  of  the  directors  ordering  such  election  shall  act  as 
judges,  and  one  as  clerk  of  such  election.  But  if  said  directors  or 
any  of  them  shall  fail  to  order  an  election,  to  attend,  or  shall  refuse 
to  act  when  present,  and  in  all  unorganized  districts  and  in  elections 
to  fill  vacancies,  the  legal  voters  when  assembled  shall  choose  such 
additional  members  as  may  be  necessary  to  act  as  two  judges  and  a 
clerk  of  said  election:  Provided,  that  if  upon  the  day  appointed  for 
said  election,  the  said  directors  or  judges  shall  be  of  opinion  that,  on 
account  of  the  small  attendance  of  voters,  the  public  good  requires  it, 
or  if  the  voters  present,  or  a  majority  of  them,  shall  desire  it,  they 
shall  postpone  said  election  until  the  next  Saturday,  at  the  same 
place  and  hour,  when  the  voters  shall  proceed  as  if  it  were  not  an 
adjourned  meeting:  And, 'provided,  also,  that  if  notice  shall  not 


41 


have  been  given  as  above  required,  then  said  election  shall  be 
ordered  as  aforesaid  and  holden  on  any  Saturday,  notice  thereof 
being  given,  as  aforesaid. 

§  11.  In  case  of  a  tie  vote,  the  judges  shall  decide  it  by  lot  on  the 
day  of  the  election. 

8  12  Within  ten  days  after  every  election  of  directors,  the  judges 
shall  cause  the  poll-book  to  be  delivered  to  the  township  treasurer 
with  a  certificate  thereon  showing  the  election  of  said  directors  and 
the  names  of  the  persons  elected;  which  poll-book  shall  be  filed  by 
the  township  treasurer,  and  shall  be  evidence  of  said  election. 

S  13.  In  cases  of  a  union  district,  made  up  of  parts  of  two  or  more 
townships,  the  poll-book  shall  be  returned  to  the  township  treasurer 
who  receives  the  tax  money  for  said  district. 

8  14.  For  a  failure  to  deliver  the  poll-book  within  the  time  pre¬ 
scribed,  the  judges  shall  be  liable  to  a  penalty  of  not  less ’  than 
twenty-five  dollars  ($25)  nor  more  than  one  hundred  dollars  (8100) 
to  be  recovered  in  the  name  of  the  People  of  the  State  of  Illinois,  by 
action  of  assumpsit,  before  any  justice  of  the  peace  of  the  county, 
which  penalty,  when  recovered,  shall  be  added  to  the  township  school 
fund  of  the  township. 

8  15.  The  directors,  within  ten  days  after  the  annual  election  of 
the  directors,  shall  meet  and  organize  by  appointing  one  of  their 
number  president,  and  another  of  their  number  clerk  of  such  board 
of  directors. 

§  16.  Two  directors  shall  be  a  quorum  for  business. 

8  17.  The  clerk  of  such  board  of  directors  shall  keep  a  record  of 
all  the  official  acts  of  the  board  in  a  well-bound  book  provided  for 
that  purpose,  which  record  shall  be  signed  by  the  president  and  clerk, 
and  shall  be  submitted  to  the  township  treasurer  for  his  inspection 
and  approval  on  the  first  Mondays  of  April  and  October,  and  at  s^cli 
other  times  as  the  township  treasurer  may  require. 

§  18.  The  board  of  directors  shall  hold  regular  meetings  at  such 
times  as  they  may  designate;  and  they  may  hold  special  meetings  as 
occasion  may  require,  at  the  call  of  the  president  or  any  two  members. 

§  19.  No  official  business  shall  be  transacted  by  the  board  except 
at  a  regular  or  special  meeting. 

8  20.  If  the  president  or  clerk  be  absent  from  any  meeting,  or, 
being  present,  refuses  to  perform  his  official  duties,  a  president  or 
clerk  pro  tempore  shall  be  appointed. 

§  21.  The  clerk  of  each  board  of  school  directors  shall  report  to 
the  township  treasurer  or  treasurers  of  the  proper  township  or  town¬ 
ships,  immediately  after  the  organization  of  the  board,  the  names  of 
the  president  and  clerk  of  such  board. 

§  22.  On  or  before  the  seventh  day  of  July,  annually,  the  clerk 
of  each  board  of  directors  shall  report  to  the  township  treasurer 
having  the  custody  of  the  funds  of  such  district,  such  statistics  and 
other  information  in  relation  to  the  schools  of  his  respective  district 
as  the  township  treasurer  is  required  to  embody  in  his  report  to  the 


42 


county  superintendent,  and  the  particular  statistics  to  be  so  reported 
shall  be  determined  and  designated  by  the  State  Superintendent  of 
Public  Instruction,  or  by  the  county  superintendent. 

§  23.  No  director  shall  be  interested  in  any  contract  made  by  the 
board  of  which  he  is  a  member. 

§  24.  No  director  shall  be  interested  in  the  sale,  proceeds  or  prof¬ 
its  of  any  book,  apparatus  or  furniture  used  or  to  be  used  in  any 
school  in  this  State  with  which  he  may  be  connected. 

§  25.  Any  person  offending  against  the  provisions  of  the  two  pre¬ 
ceding  sections  shall  be  liable  to  indictment,  and,  upon  conviction, 
shall  be  fined  in  any  sum  not  less  than  twenty-five  dollars  ($25)  and 
not  more  than  live  hundred  dollars  ($500),  and  may  be  imprisoned  in 
the  county  jail  not  less  than  one  nor  more  than  twelve  months,  at  the 
discretion  of  the  court. 

§  26.  It  shall  be  the  duty  of  the  board  of  directors  of  each  dis¬ 
trict — 

First — At  the  annual  election  of  directors  to  make  a  detailed  re¬ 
port  of  their  receipts  and  expenditures  to  the  voters  there  present, 
and  transmit  a  copy  of  such  report  to  the  township  treasurer  within 
live  days  from  the  time  of  said  election. 

Second — To  report  to  the  county  superintendent,  within  ten  days 
after  their  employment,  the  full  names  of  all  persons  employed  as 
teachers,  the  date  of  the  beginning  and  the  end  of  their  contract. 

Third — To  provide  for  the  necessary  revenue  to  maintain  free 
schools  in  their  district  in  the  manner  provided  for  in  article  VIII 
of  this  act. 

Fourth — When  a  district  is  composed  of  parts  of  two  or  more  town¬ 
ships,  the  directors  shall  determine  and  inform  the  collectors  of  said 
townships,  and  the  collector  or  collectors  of  the  county  or  counties  in 
which  said  townships  lie,  in  writing,  under  their  hands  as  directors, 
which  of  the  treasurers  of  the  townships  from  which  their  district  is 
formed  shall  demand  and  receive  the  tax  money  collected  by  the  said 
collector  as  aforesaid. 

Fifth — To  establish  and  keep  in  operation  for  at  least  one  hundred 
and  ten  (110)  days  of  actual  teaching  in  each  year,  without  reduction 
by  reason  of  closing  schools  on  legal  holidays,  or  for  any  other  cause, 
and  longer  if  practicable,  a  sufficient  number  of  free  schools  for  the 
accommodation  of  all  children  in  the  district  over  the  age  of  six. (6) 
and  under  twenty-one  (21)  years,  and  shall  secure  for  all  such  chil¬ 
dren  the  right  and  opportunity  to  an  equal  education  in  such  free 
schools. 

Sixth— To  adopt  and  enforce  all  necessary  rules  and  regulations 
for  the  management  and  government  of  the  schools. 

Seventh — To  visit  and  inspect  the  schools  from  time  to  time  as  tho 
good  of  the  schools  may  require. 

Eighth — To  appoint  all  teachers  and  fix  the  amount  of  their  salar¬ 
ies, 


43 


Ninth — The  directors  shall  direct  what  branches  of  study  shall  be 
taught,  and  what  text  books  and  apparatus  shall  be  used  in  the  sev¬ 
eral  schools,  and  strictly  enforce  uniformity  of  text  books  therein,  but 
shall  not  permit  text  books  to  be  changed  oftener  than  once  in  four 
years,  but  shall  prohibit  such  change.* 

Tenth — The  directors  shall  have  power  to  purchase,  at  the  expense 
of  the  district,  a  sufficient  number  of  the  text  books  used  to  supply 
children  whose  parents  are  not  able  to  buy  them.  The  text  books 
bought  for  such  purpose  shall  be  loaned  only,  and  the  directors  shall 
require  the  teacher  to  see  that  they  are  properly  cared  for  and  re¬ 
turned  at  the  end  of  each  term  of  school. 

j Eleventh — The  directors  shall,  on  or  before  the  seventh  day  of 
July,  annually,  deliver  to  the  township  treasurer  all  teachers’  sched¬ 
ules  made  and  certified  as  required  by  the  provisions  of  article  VII 
of  this  act,  covering  all  time  taught  during  the  school  year,  end¬ 
ing  June  30th,  and  the  directors  shall  be  personally  liable  to  the  dis¬ 
trict  for  any  loss  sustained  by  it,  through  the  failure  of  the  directors 
to  examine  and  so  deliver  such  schedules  within  the  time  fixed  by 
law. 

Twelfth — The  directors  shall  not  pay  out  any  public  money  to  any 
teacher  unless  such  teacher  shall,  at  the  time  of  his  or  her  employ¬ 
ment,  hold  a  certificate  of  qualification,  obtained  under  the  provisions 
of  this  act,  covering  the  entire  period  of  his  or  her  employment^ 

Thirteenth — The  directors  shall  not  pay  any  public  funds  to  any 
teacher  unless  such  teacher  shall  have  kept  and  furnished  schedules 
as  required  by  this  act,  and  shall  have  satisfactorily  accounted  for 
books,  apparatus  and  other  property  of  the  district  that  he  may  have 
taken  in  charge. 

Fourteenth — The  directors  shall  pay  teachers’  wages  monthly. 
Upon  the  receipt  of  schedules,  properly  certified,  the  directors  shall 
at  once  make  out  and  deliver  to  the  teacher  an  order  upon  the  town¬ 
ship  treasurer  for  the  amount  named  in  the  schedule;  which  order 
shall  state  the  rate  at  which  the  teacher  is  paid  according  to  his  con¬ 
tract,  the  limits  of  time  for  which  the  order  pays,  and  that  the  direc¬ 
tors  have  duly  certified  a  schedule  covering  this  time.  But  it  shall 
not  be  lawful  for  the  directors  to  draw  an  order  until  they  have  duly 
certified  to  the  schedule;  nor  shall  it  be  lawful  for  the  directors,  after 
the  date  of  filing  schedules  as  fixed  by  law,  to  certify  any  schedule 
not  delivered  to  them  before  that  date  by  the  teacher,  when  such 
schedule  is  for  time  taught  before  the  first  of  July  preceding,  nor  to 
give  an  order  in  payment  of  the  teacher’s  wages  for  the  time  covered 
by  such  delinquent  schedule. 

Fifteenth — At  the  annual  election  of  directors,  the  directors  shall 
cause  a  copy  of  the  township  treasurer’s  report  of  the  financial  condi¬ 
tion  of  the  district,  provided  by  law,  to  be  posted  upon  the  front 
door  of  the  building  where  such  annual  election  is  held. 


*  See  act  requiring  and  regulating  the  study  of  physiology  and  hygiene,  approved  June- 
397. 

t  See  section  5,  article  VII. 


44 


§  27.  The  board  of  school  directors  shall  be  clothed  with  the  fol¬ 
lowing  additional  powers: 

First — To  use  any  funds  belonging  to  their  district,  and  not  other¬ 
wise  appropriated,  for  the  purchase  of  a  suitable  book  for  their  rec¬ 
ords.  And  the  said  records  shall  be  kept  in  a  punctual,  orderly  and 
reliable  manner. 

Second — Said  directors  may,  where  they  deem  the  amount  of  labor 
done  sufficient  to  justify  it,  allow  the  clerk  of  such  board  of  direc¬ 
tors,  out  of  any  fund  not  otherwise  appropriated,  compensation  for 
duties  actually  performed. 

Third — They  shall  have  the  power  to  dismiss  a  teacher  for  incom¬ 
petency,  cruelty,  negligence,  immorality  or  other  sufficient  cause. 

Fourth — They  shall  have  power  to  assign  pupils  to  the  several 
schools  in  the  district;  to  admit  non-residents  when  it  can  be  done 
without  prejudice  to  the  rights  of  resident  pupils;  to  fix  rates  of 
tuition;  collect  and  pay  the  same  to  the  township  treasurer  for  the 
use  of  said  district. 

Fifth — They  may  suspend  or  expel  pupils  who  may  be  guilty  of 
gross  disobedience  or  misconduct,  and  no  action  shall  lie  against  them 
for  such  expulsion  or  suspension. 

Sixth — They  may  provide  that  children  under  twelve  (12) ‘years  of 
age  shall  not  be  confined  in  school  more  than  four  hours  daily. 

Seventh — They  may  appropriate,  for  the  purchase  of  libraries  and 
apparatus,  any  school  funds  remaining  after  all  necessary  school  ex¬ 
penses  are  paid. 

Eighth — When  any  school  district  owns  any  personal  property  not 
needed  for  school  purposes,  the  directors  of  such  district  may  sell 
such  property  at  public  or  private  sale,  as  in  their  judgment  will  be 
for  the  best  interest  of  the  district,  and  the  proceeds  of  such  sale 
shall  be  paid  over  to  the  treasurer  of  such  district,  for  the  benefit  of 
said  school  district. 

Ninth — They  may  grant  special  holidays  whenever  in  their  judg¬ 
ment  such  action  is  advisable:  Provided ,  no  teacher  shall  be  re¬ 
quired  to  make  up  the  time  lost  by  the  granting  of  such  holidays. 

Tenth — They  shall  have  the  control  and  supervision  of  all  school 
houses  in  their  district,  and  may  grant  the  temporary  use  of  school 
houses  when  not  occupied  by  schools,  for  religious  meetings  and  Sun¬ 
day  schools,  for  evening  schools  and  literary  societies,  and  for  such 
other  meetings  as  the  directors  may  deem  proper. 

Eleventh — They  shall  have  power  to  decide  when  the  school  house 
site,  or  the  school  buildings  have  become  unnecessary,  or  unsuitable, 
or  inconvenient  for  a  school. 

Tcvelfth — They  may  borrow  money,  and  issue  bonds  therefor,  for 
building  school  houses,  purchasing  sites,  repairing  and  improving 
school  houses,  in  the  way  and  manner  provided  for  by  article  IX  of 
this  act. 


45 


§  28.  The  school  directors  shall  draw  no  order  or  warrant  payable 
upon  demand  upon  the  township  treasurer  or  against  any  fund  in  his 
hands,  unless  at  the  time  of  drawing  such  order  or  warrant  there  are 
sufficient  funds  in  his  hands  to  pay  the  amount  of  the  same:  Pro¬ 
vided ,  this  section  shall  not  apply  to  orders  issued  to  teachers  for 
their  wages. 

§  29.  Whenever  there  is  no  money  in  the  treasury  of  any  school 
district  to  meet  and  defray  the  ordinary  and  necessary  expenses 
thereof,  it  shall  be  lawful  for  the  board  of  directors  to  provide  that 
all  orders  or  warrants  may  be  drawn  and  issued  against  and  in  an¬ 
ticipation  of  the  collection  of  any  taxes  already  levied  by  said 
directors  for  the  payment  of  the  ordinary  and  necessary  expenses  of 
any  such  district,  to  the  extent  of  seventy-five  per  centum  of  the 
total  amount  of  said  tax  levy:  Provided ,  that  warrants  drawn  and 
issued  under  the  provisions  of  this  section  shall  show  upon  their 
face  that  they  are  payable  solely  from  said  taxes  when  collected,  and 
not  otherwise,  and  such  warrants  shall  be  received  by  any  collector 
of  taxes  in  payment  of  the  taxes  against  which  they  are  issued,  and 
which  taxes  against  which  said  warrants  or  orders  are  drawn  shall 
be  set  apart  and  held  for  their  payment. 

§  30.  The  school  directors  shall  be  liable  as  directors  for  the  bal¬ 
ance  due  teachers,  and  for  all  debts  legally  contracted. 

§  31.  It  shall  not  be  lawful  for  a  board  of  directors  to  purchase 
or  locate  a  schoool  house  site,  or  to  purchase,  build  or  move  a  school 
house,  or  to  levy  a  tax  to  extend  schools  beyond  nine  months  with¬ 
out  a  vote  of  the  people  at  an  election  called  and  conducted  as 
required  by  section  4  of  article  IX  of  this  act.  A  majority  of  the 
votes  cast  shall  be  necessary  to  authorize  the  directors  to  act:  Pro¬ 
vided ,  that  if  no  one  locality  shall  receive  a  majority  of  all  the  votes 
cast  at  such  election,  the  directors  may,  if  in  their  judgment  the 
public  interest  requires  it,  proceed  to  select  a  suitable  school  house 
site;  and  the  site;  so  chosen  by  them  shall,  in  such  case,  be  legal  and 
valid,  the  same  as  if  it  had  been  determined  by  a  majority  of  the 
votes  cast;  and  the  site  so  selected  by  either  of  the  methods  above 
provided  shall  be  the  school  house  site  for  such  district;  and  said 
district  shall  have  the  right  to  take  the  same  for  the  purpose  of  a 
school  house  site  either  with  or  without  the  owner’s  consent,  by 
condemnation  or  otherwise. 

§  32.  In  case  the  compensation  to  be  paid  for  the  school  house 
site  mentioned  in  the  preceding  section  can  not  for  any  reason  be 
agreed  upon  or  determined  between  the  school  directors  and  the 
parties  interested  in  the  land  taken  for  such  site,  then  it  shall  be  the 
duty  of  the  directors  of  such  district  to  proceed  to  have  such  com¬ 
pensation  determined  in  the  manner  which  may  be  at  the  time 
provided  by  law  for  the  exercise  of  the  right  of  eminent  domain: 
Provided ,  that  no  tract  of  land  lying  outside  of  the  limits  of  any 
incorporated  city  or  village,  and  lying  within  forty  rods  of  the 
dwelling  house  of  the  owner  of  the  land,  shall  be  taken  for  a  school 
site  without  the  owner’s  consent. 


46 


§  33.  Any  director  wilfully  failing  to  perform  his  duties  as  di¬ 
rector  under  this  act,  may  be  removed  by  the  county  superintendent, 
and  a  new  election  ordered,  as  in  other  cases  of  vacancies. 

§  34.  All  funds  belonging  to  any  school  district,  and  coming  from 
any  source,  shall  be  paid  out  only  on  order  of  the  board  of  directors, 
signed  by  the  president  and  clerk  of  said  board,  or  by  a  majority  of 
said  board.  In  all  such  orders  shall  be  stated  the  purpose  for  which 
or  on  what  account  such  order  was  drawn.  Such  order  may  be  in 
the  following  form : 

The  treasurer  of  township  No . ,  range  No . ,  in . 

county,  will  pay  to . .  .  or  bearer,  . dollars  and . 

cents,  (on  his  contract  for  repairing  school  house,  or  whatever  the  purpose 

may  be).  By  order  of  the  board  of  directors  of  school  district  No . . , 

,in  said  township. 

A . B . ,  President. 

C . D . ,  Clerk. 

§  35.  Pupils  shall  not  be  transferred  from  one  district  to  another 
without  the  written  consent  of  a  majority  of  the  directors  of  each 
district,  which  written  consent  shall  be  delivered  to  and  filed  with 
the  proper  township  treasurer,  and  shall  be  evidence  of  such  consent. 
A  separate  schedule  shall  be  kept  for  each  district,  and  in  each 
schedule  shall  be  certified  the  proper  amount  due  the  teacher  from 
that  district,  computed  upon  the  basis  of  the  total  number  of  days’ 
attendance  of  all  schedules.  If  the  district  from  which  the  pupils 
are  transferred  is  in  the  same  township)  as  the  district  in  which  the 
school  is  taught,  the  directors  of  said  district  shall  deliver  the 
separate  schedules  to  their  township  treasurer,  who  shall  credit  the 
district  in  which  the  school  was  taught,  and  charge  the  other  dis¬ 
trict  with  the  respective  amounts  certified  in  said  separate  schedules 
to  be  due.  If  pupils  are  transferred  from  a  district  of  another 
township,  the  schedule  for  that  district  shall  be  delivered  to  the 
directors  thereof,  who  shall  immediately  draw  an  order  on  their 
treasurer  in  favor  of  the  treasurer  of  the  township  in  which  the 
school  was  taught  for  the  amount  certified  to  be  due  in  said  separate 
schedule. 

§  36.  WheA  a  school  is  composed  in  part  of  pupils  transferred, 
as  provided  for  in  the  preceding  section,  from  other  townships,  the 
duty  of  collecting  the  amount  due  on  account  of  such  pupils  shall 
devolve  upon  the  directors  of  the  district  in  which  the  school  was 
.taught. 


47 


Article  VI. 


BOARD  OF  EDUCATION. 


g  1.  Cities  and  villages. 

g  2.  Boards  of  education  in  all  districts  not 
less  than  1,000  inhabitants;  number 
of  members. 

g  3.  President  of  the  board. 

4.  Duties  and  powers  of  the  president. 

g  5.  Annual  election  of  members;  term  of 
office. 

g  6.  Notice  of  election;  form  of  notice. 

g  7.  Election  on  any  Saturday. 

g  8.  Conduct  of  election. 

g  9.  Election  of  members  of  board  of  edu¬ 
cation  to  succeed  directors. 

g  10.  Powers  and  duties  of  the  board  de¬ 
fined. 

g  11.  Yeas  and  nays, 

g  12.  Business  to  be  done  at  a  regular  or 
special  meeting. 

g  13.  Conveyances  of  real  estate;  how  made. 

g  14.  School  moneys  in  charge  of  township 
treasurer. 

g  15.  Special  acts  may  be  relinquished; 
manner  of  change  and  form  of  notice. 


g  16.  Redistricting  under  this  act;  election 
of  school  boards. 

g  17.  Number  of  members  in  board  of  edu¬ 
cation  of  cities  having  over  100,000 
inhabitants,  and  manner  of  their  ap¬ 
pointment. 

g  18.  Eligibility  to  membership  in  boards  of 
education  in  such  cities. 

g  19.  Organization;  employes  of  the  board; 
term,  etc. 

g  20.  Records;  yeas  and  nays. 

g  21.  Powers  with  concurrence  of  city  coun¬ 
cil  defined. 

g  22.  Other  powers  defined. 

g  23.  Duties  defined. 

g  24.  Business  to  be  done  at  a  regular  meet¬ 
ing. 

g  25.  Conveyances  of  real  estate  made  to 
city  in  trust. 

g  26.  School  moneys  held  by  city  treasurer. 

g  27.  City  not  liable  for  excess  of  expendi¬ 
tures;  board  not  authorized  to  tax. 

g  28.  Powrers  of  board  not  to  be  exercised  by 
city  council. 


Section  1.  Incorporated  cities  and  villages,  except  such  as  now 
have  charge  and  control  of  free  schools  by  special  acts,  shall  be  and 
remain  parts  of  the  school  townships  in  which  they  are  respectively 
situated,  and  be  subject  to  the  general  provisions  of  the  school  law, 
except  as  otherwise  provided  in  this  article. 

§  2.  In  all  school  districts  having  a  population  of  not  less  than 
one  thousand  and  not  over  one  hundered  thousand  inhabitants,  and 
not  governed  by  any  special  act  in  relation  to  free  schools  now  in 
force,  there  shall  be  elected,  instead  of  the  directors  provided  by  law 
in  other  districts,  a  board  of  education,  to  consist  of  a  president  of 
the  board  of  education,  six  members,  and  three  additional  members 
for  every  additional  ten  thousand  inhabitants.  Whenever  additional 
members  of  such  board  of  education  are  to  be  elected  by  reason  of 
increased  population  of  such  district,  such  members  shall  be  elected 
on  the  third  Saturday  of  April  succeeding  the  ascertaining  of  such 
increase  by  any  general  or  special  census,  and  the  notice  of  such  elec¬ 
tion  shall  designate  the  term  for  which  the  members  are  to  be  elected, 
so  that  one-third  of  the  board  shall  be  elected  for  each  year:  Pro¬ 
vided ,  that  in  no  case  shall  said  board  consist  of  more  than  fifteen 
members. 


48 


§  3.  The  president  of  said  board  of  education  shall  be  elected  an¬ 
nually,  at  the  same  time  the  members  of  the  board  of  education  art! 
elected,  and  he  shall  hold  his  office  for  the  term  of  one  year,  and  un  I 
til  his  successor  is  elected  and  qualified. 

§  4.  The  president  of  the  board  of  education  so  elected  shall  pre¬ 
side  at  all  meetings  of  said  board,  and  shall  give  the  casting  vote  in 
case  of  a  tie  between  the  members  thereof,  but  otherwise  he  shall 
not  have  a  vote.  He  shall  sign  all  orders  for  the  payment  of  money 
ordered  by  said  board,  and  generally  perform  such  duties  as  are  im¬ 
posed  by  law  upon  presidents  of  boards  of  directors,  or  that  may  be 
imposed  upon  him  by  said  board  of  education,  not  in  conflict  with 
law:  Provided,  that  in  the  absence  or  inability  to  act  as  said  presi¬ 
dent,  said  board  may  appoint  a  president  pro  tempore  from  their 
number. 

§  5.  The  annual  election  of  members  of  the  board  of  education 
shall  be  on  the  third  Saturday  in  April,  when  one-third  of  the  mem¬ 
bers  shall  be  elected  for  three  years,  and  until  their  successors  are 
elected  and  qualified. 

§  6.  Notice  of  such  election  shall  be  given  by  the  board  of  educa¬ 
tion  at  least  ten  days  previous  to  such  election  by  posting  notices  in 
at  least  three  of  the  most  public  places  in  said  district,  which  shall  | 
specify  the  place  where  such  election  is  to  be  held,  the  time  of  open-  j 
ing  and  closing  the  polls  and  the  purpose  for  which  such  election  is  I 
held,  which  notice  may  be  in  the  following  form,  to-wit: 


Public  notice  is  hereby  given,  that  on  Saturday,  the . day  of  April 

A.  P . ,  an  election  will  be  held  at . between  the 

hours  of  ... - - and . of  said  day,  for  the  purpose  of  electing  a  presi¬ 
dent  ot  the  board  of  education  of  district  No . ,  township  No . , 

range  No . ,  and . members  of  the  board  of  education  of  said 

district. 

Dated  this . day  of . .  A.  D . 


A .  B . ,  President. 

C .  D . ,  Clerk. 


§  f  I1}  case  of  a  failure  to  give  the  notice  above  provided  for. 
such  election  may  be  held  on  any  Saturday  after  such  notice  has 
been  give  as  aforesaid. 


§  8.  Such  election  shall  be  conducted  in  the  same  manner,  and 
be  governed  by  the  provisions  of  this  act  relating  to  the  election  of 
boards  of  directors,  except  as  otherwise  provided  by  law. 

§  9.  At  the  first  election  of  directors  succeeding  the  passage  of 
this  act,  in  any  district  having  a  population  of  not  less  than  one  thou¬ 
sand  (1,000}  inhabitants  by  the  census  of  1880,  and  in  such  other  dis¬ 
tricts  as  may  hereafter  be  ascertained  by  any  special  or  general  cen¬ 
sus  to  have  a  population  of  not  less  than  one  thousand  (1,000)  in¬ 
habitants,  at  the  first  election  of  directors  occurring  after  taking  such 
special  or  general  census,  there  shall  be  elected  a  board  of  education, 
who  shall  be  the  successors  of  the  directors  of  the  district;  and  all 
rights  of  property  and  all  rights  or  causes  of  action  existing  or  vested 
in  such  directors,  shall  vest  in  said  board  of  education,  in  as  full  and 
complete  a  manner  as  was  vested  in  the  school  directors.  Such  board, 


49 


at  its  first  meeting,  shall  fix,  by  lot,  the  terms  of  office  of  its  members 
so  that  one-third  of  them  shall  serve  for  one  year,  one-third  for  two 
years  and  one-third  for  three  years,  and  thereafter  one-third  shall  be 
elected  annually  on  the  third  Saturday  in  April,  to  fill  the  vacancies 
occurring,  and  to  serve  for  the  term  of  three  years. 

§  10.  The  board  of  education  shall  have  all  the  powers  of  school 
directors;  and,  in  addition  thereto  and  inclusive  thereof,  they  shall 
have  the  power  and  it  shall  be  their  duty — 

First — To  establish  and  support  free  schools  not  less  than  six  nor 
more  than  ten  months  in  each  year. 

Second — To  repair  and  improve  school  houses,  and  to  furnish  them 
with  the  necessary  fixtures,  furniture,  apparatus,  libraries  and  fuel. 

Third — To  examine  teachers  as  supplemental  to  any  other  exami¬ 
nation,  to  employ  teachers  and  to  tix  the  amount  of  their  salaries. 
[As  amended  by  act  approved  June  19,  1893. 

Fourth — To  establish  schools  of  different  grades,  and  make  regu¬ 
lations  for  the  admission  of  pupils  into  the  same. 

Fifth — To  buy  or  lease  sites  for  school  houses,  with  the  necessary 
grounds:  Provided ,  it  shall  not  be  lawful  for  such  board  of  educa¬ 
tion  to  purchase  or  locate  a  school  house  site,  or  to  purchase,  build 
or  move  a  school  house,  unless  authorized  by  a  majority  of  all  voters 
voting  at  an  election  called  for  such  purpose  in  pursuance  of  a  peti¬ 
tion  signed  by  not  less  than  five  hundred  (500)  legal  voters  of  such 
district,  or  by  one-fifth  of  all  the  legal  voters  of  such  district. 

Sixth — To  levy  a  tax,  annually,  upon  the  taxable  property  of  the 
district,  in  the  manner  provided  in  article  VIII  of  this  act,  for 
the  purpose  of  supporting  and  maintaining  free  schools  in  accord¬ 
ance  with  the  powers  herein  conferred:  Provided,  that  it  shall  not 
be  lawful  for  such  board  of  education  to  levy  a  tax  to  extend  schools 
beyond  a  period  of  ten  months  in  each  year,  except  upon  petition  of 
a  majority  of  the  voters  of  the  district:  And,  provided,  further ,  that 
all  taxes  shall  be  levied  under  the  limitations  relating  to  the  percent¬ 
age  of  the  assessment,  as  provided  by  section  1,  article  VIII  of  this 
act. 

Seventh — To  employ,  should  .they  deem  it  expedient,  a  competent 
and  discreet  person  or  persons  as  superintendent  or  superintendents 
of  schools,  and  fix  and  pay  a  proper  salary  or  salaries  therefor,  and 
such  superintendent  may  be  required  to  act  as  principal  or  teacher 
in  such  schools. 

Eighth — To  lay  off  and  divide  the  district  into  sub-districts,  and 
from  time  to  time  alter  the  same,  create  new  ones  and  consolidate 

them. 

Ninth — To  visit  all  the  public  schools  as  often  as  once  a  month  to 
inquire  into  the  progress  of  scholars  and  the  government  of  the 
schools. 


—4 


50 


Tenth — To  prescribe  the  method  and  course  of  discipline  and  in¬ 
struction  in  the  respective  schools,  and  to  see  that  they  are  main¬ 
tained  and  pursued  in  the  proper  manner.* 

Eleventh — To  expel  any  pupil  who  may  be  guilty  of  gross  disobe¬ 
dience  or  misconduct.  No  action  shall  lie  against  them  for  such  ex¬ 
pulsion. 

Twelfth — To  dismiss  and  remove  any  teacher  whenever,  in  their 
opinion,  he  or  she  is  not  qualified  to  teach,  or  whenever,  from  aiiy 
cause,  the  interests  of  the  school  may,  in  their  opinion,  require  such 
removal  or  dismissal. 

Thirteenth — To  apportion  the  scholars  to  the  several  schools. 

Fourteenth — To  establish  and  promulgate  all  such  by-laws,  rules 
and  regulations  for  the  government  and  for  the  establishment  and 
maintenance  of  a  proper  and  uniform  system  of  discqjline  in  the  sev¬ 
eral  schools  as  may,  in  their  opinion,  be  necessary. 

Fifteenth — To  take  charge  of  the  school  houses,  furniture,  grounds 
and  other  property  belonging  to  the  district,  and  see  that  the  same 
are  kept  in  good  condition,  and  not  suffered  to  be  unnecessarily  in¬ 
jured  or  deteriorated. 

Sixteenth — To  provide  fuel  and  such  other  necessaries  for  the 
schools  as,  in  their  opinion,  may  be  required  in  the  school  houses,  or 
other  property  belonging  to  or  under  the  control  of  the  district. 

Seventeenth — To  appoint  a  secretary  and  provide  well  bound  books 
at  the  expense  of  the  school  tax  fund,  in  which  shall  be  kept  a  faith¬ 
ful  record  of  all  their  proceedings. 

Eighteenth — To  annually  prepare  and  publish  in  some  newspaper, 
or  in  pamphlet  form,  a  report  of  the  number  of  pupils  instructed  in 
the  year  preceding,  the  several  branches  of  study  pursued  by  them, 
of  the  number  of  persons  between  the  ages  of  twelve  and  twenty-one 
unable  to  read  and  write,  and  the  receipts  and  expenditures  of  each 
school,  specifying  the  source  of  such  receipts  and  the  objects  of  such 
expenditures. 

§  11.  In  all'questions  involving  the  expenditure  of  money,  the 
yeas  and  nays  shall  be  taken  and  entered  on  the  records  of  the  pro¬ 
ceedings  of  the  board. 

§  12.  None  of  the  powers  herein  conferred  upon  boards  of  educa¬ 
tion  shall  be  exercised  by  them,  except  at  a  regular  or  special  meet¬ 
ing  of  the  board. 

§  15.  All  conveyances  of  real  estate  shall  be  made  to  the  township 
trustees  in  trust  for  the  use  of  schools,  and  no  conveyance  of  any  real 
estate  or  interest  therein  used  for  school  purposes,  or  held  in  trust 
for  schools,  shall  be  made,  except  by  the  board  of  trustees,  upon  the 
written  request  of  such  board  of  education. 

§  14.  All  money  raised  by  taxation  for  school  purposes,  or  re¬ 
ceived  from  the  State  common  school  fund,  or  from  any  other  source, 
for  school  purposes,  shall  be  held  by  the  township  treasurer  as  a 

*  See  act  requiring  and  regulating  the  study  of  physiology  and  hygiene,  approved  June 
9, 1897. 


51 


‘special  fund  for  school  purposes,  subject  to  the  order  of  the  board  of 
education,  upon  warrants  signed  by  the  president  and  secretary 
thereof. 

§  15.  Any  city,  incorporated  town,  township  or  district  in  which 
free  schools  are  now  managed  under  any  special  act,  may,  by  vote  of 
its  electors,  cease  to  control  such  schools  under  such  special  act,  and 
become  part  of  the  school  township  in  which  it  is  situated,  and  sub¬ 
ject  to  the  control  of  the  trustees  thereof,  under  and  according  to  the 
provisions  of  this  act. 

Upon  petition  of  fifty  voters  of  such  city,  town,  township  or  dis¬ 
trict,  presented  to  the  board  having  control  and  management  of 
schools  in  such  city,  town,  township  or  district,  it  shall  be  the  duty 
of  such  board,  at  the  next  ensuing  election  to  be  held  in  such  city, 
town  or  township  or  district,  to  cause  to  be  submitted  to  the  voters 
thereof,  giving  not  less  than  fifteen  days’  notice  thereof,  by  posting 
not  less  than  five  notices  in  the  most  public  places  in  such  city,  town, 
township  or  district,  the  question  of  “Organization  under  the  Free 
School  Law;”  which  notice  shall  be  in  the  following  form,  to-wit: 

Public  notice  is  hereby  given  that  on  the . day  of . A.  D. 

. ,  an  election  will  be  held  at . ,  between  the  hours  of 

. M.  and . M.  of  said  day,  for  the  purpose  of  deciding  the  ques¬ 
tion  of  “Organization  under  the  Free  School  Law.” 

§  16.  If  it  shall  appear,  on  a  canvass  of  the  returns  of  such  elec¬ 
tion,  that  a  majority  of  the  votes  cast  at  such  election  are  “For  Or¬ 
ganization  under  the  Free  School  Law,”  then  at  the  next  ensuing 
regular  meeting  of  the  board  of  trustees  of  the  township  or  townships 
in  which  such  city,  incorporated  town,  township  or  district  is  situ¬ 
ated,  said  trustees  shall  proceed  to  redistrict  the  township  or  town¬ 
ships  as  aforesaid,  in  such  manner  as  shall  suit  the  wishes  and  con¬ 
venience  of  a  majority  of  the  inhabitants  in  their  respective  town¬ 
ships,  and  to  make  a  division  of  funds  and  other  property  in  the 
manner  provided  for  by  section  63  of  article  III  of  this  act,  and  on 
any  Saturday  thereafter  there  shall  be  elected,  in  each  of  the  new 
districts  so  formed,  a  director,  directors  or  board  of  education,  as  the 
case  may  be,  in  the  manner  provided  for  in  section  6  of  article  V  of 
this  act,  and  thereafter  such  districts  shall  proceed  as  other  districts 
under  this  act;  but  all  subsequent  elections  of  directors  or  boards  of 
-education  shall  be  conducted  as  provided  in  sections  5  and  8  of  article 
V  of  this  act* 

§  17.  In  cities  having  a  population  exceeding  one  hundred  thou¬ 
sand  inhabitants,  from  and  after  this  act  shall  take  effect,  the  board 
of  education  shall  consist  of  twenty-one  members,  to  be  appointed  by 
the  mayor,  by  and  with  the  advice  and  consent  of  the  common  coun¬ 
cil,  seven  of  whom  shall  be  appointed  for  the  term  of  one  year,  seven 
for  the  term  of  two  years,  and  seven  for  the  term  of  three  years: 
Provided ,  however,  that  in  such  cities  wherein  there  is  now  a  board 
•of  education,  holding  their  office  by  appointment,  such  officers  shall 
•continue  in  office  until  the  time  at  which  their  terms  would  have  ex- 


*  See  further  provision  in  act  approved  June  2, 1891,  and  act  approved  June  10, 1897. 


52 


pired  under  the  law  in  force  at  the  time  of  their  appointment.  At 
the  expiration  of  the  term  of  any  members  of  said  board,  their  sue- 
cessors  shall  be  appointed  in  like  manner  and  shall  hold  their  office 
for  the  term  of  three  years.  Any  vacancy  which  may  occur  shall  be 
filled  by  the  appointment  of  the  mayor,  with  the  approval  of  the  com¬ 
mon  council,  for  the  unexpired  term:  And,  provided  further,  that 
from  and  after  this  act  shall  take  effect  there  shall  be  appointed  by 
the  mayor,  by  and  with  the  advice  and  consent  of  the  common  coun¬ 
cil,  six  members,  two  of  whom  shall  be  appointed  for  the  term  of  one 
year,  two  for  the  term  of  two  years,  and  two  for  the  term  of  three 
years.  [As  amended  by  act  approved  June  22,  1891. 

§  18.  Any  person  having  resided  in  any  such  city  more  than  five 
years  next  preceding  his  appointment,  shall  be  eligible  to  member¬ 
ship  of  such  board  of  education. 

§  19.  The  said  board  of  education  shall  appoint  a  president  and 
secretary,  the  president  to  be  appointed  from  their  own  number,  and 
shall  appoint  such  other  officers  and  employes  as  such  board  shall 
deem  necessary,  and  shall  xarescribe  their  duties  and  compensation 
and  terms  of  office. 

§  20.  The  said  board  shall  provide  well-bound  books,  at  the  ex¬ 
pense  of  the  school  tax  fund,  in  which  shall  be  kept  a  faithful  record  i 
of  all  their  proceedings.  The  yeas  and ’nays  shall  be  taken  and  en¬ 
tered  on  the  records  of  the  proceedings  of  the  board  upon  all  ques¬ 
tions  involving  the  expenditure  of  money.  ■ 

§  21.  The  said  board  of  education  shall  have  charge  and  control  I 
of  the  public  schools  in  such  cities,  and  shall  have  power,  with  the* 
concurrence  of  the  city  council — 

First — To  erect  or  purchase  buildings  suitable  for  school  houses,, 
and  keep  the  same  in  repair. 

Second — To  buy  or  lease  sites  for  school  houses,  with  the  neces¬ 
sary  grounds. 

Third — To  issue  bonds  for  the  purpose  of  building,  furnishing 
and  repairing  school  houses,  for  purchasing  sites  for  the  same,  and 
to  provide  for  the  payment  of  said  bonds;  to  borrow  money  for 
school  purposes  upon  the  credit  of  the  city. 

§  22.  The  said  board  of  education  shall  have  power — 

First — To  furnish  schools  with  the  necessary  fixtures,  furniture 
and  apparatus. 

Second — To  maintain,  support  and  establish  schools,  and  supply 
the  inadequacy  of  the  •school  funds  for  the  salaries  of  school  teach¬ 
ers  from  school  taxes. 

Third — To  hire  buildings  or  rooms  for  the  use  of  the  board. 

Fourth — To  hire  buildings  or  rooms  for  the  use  of  schools. 

Fifth — To  employ  teachers  and  fix  the  amount  of  their  compen¬ 
sation. 


I  Sixth — To  prescribe  the  school  books  to  be  used,  and  the  studies 

in  the  different  schools.'* 

Seventh— To  lay  off  and  divide  the  city  into  school  districts,  and 
from  time  to  time  alter  the  same  and  create  new  ones,  as  circum¬ 
stances  may  require,  and  generally  to  have  and  possess  all  the  rights, 
powders  and  authority  required  for  the  proper  management  of 
schools,  with  power  to  enact  such  ordinances,  as  may  be  deemed 
necessary  and  expedient  for  such  purpose. 

Eighth — To  expel  any  pupil  who  may  be  guilty  of  gross  dis¬ 
obedience  or  misconduct. 

Ninth — To  dismiss  and  remove  any  teacher  whenever,  in  their 
opinion,  he  or  she  is  not  qualified  to  teach,  or  whenever,  from  any 
)  cause,  the  interests  of  the  school  may,  in  their  opinion,  require  such 
removal  or  dismission. 

)  Tenth — To  apportion  the  scholars  to  the  several  schools. 

Eleventh— To  lease  school  property,  and  to  loan  moneys  belonging 
1  to  the  school  fund. 

§  23.  It  shall  be  the  duty  of  such  board  of  education— 

First — To  take  the  entire  superintendence  and  control  of  the 
.  schools  in  such  cities. 

Second — To  examine  all  persons  offering  themselves  as  candidates 
for  teachers,  and  when  found  well  qualified  to  give  them  certificates 
gratuitously. 

Third — To  visit  all  the  public  schools  as  often  as  once  a  month. 

Fourth— To  establish  all  such  by-laws,  rules  and  regulations  for 
the  government  and  for  the  establishment  and  maintenance  of 
a  proper  and  uniform  system  of  discipline  in  the  several  schools  as 
may,  in  their  opinion,  be  necessary. 

Fifth — To  determine  from  time  to  time  how  many  and  what  class 
of  teachers  may  be  employed  in  each  of  the  public  schools,  and  em¬ 
ploy  such  teachers  and  fix  their  compensation. 

Sixth— To  take  charge  of  the  school  houses,  furniture,  grounds 
and  other  property  belonging  to  the  school  districts,  and  see  that  the 
same  are  kept  in  good  condition  and  not  suffered  to  be  unnecessarily 
injured  or  deteriorated. 

Seventh — To  provide  fuel  and  such  other  necessaries  for  the  schools 
as,  in  their  opinion,  may  be  required  in  the  school  houses,  or  other 
property  belonging  to  the  said  districts. 

Eighth — To  inquire  into  the  progress  of  scholars  and  the  govern¬ 
ment  of  the  schools.  ** 

Ninth— To  prescribe  the  method  and  course  of  discipline  and  in¬ 
struction  in  the  respective  schools,  and  to  see  that  they  are  main¬ 
tained  and  pursued  in  the  proper  manner.  \ 

Tenth — To  prescribe  what  studies  shall  be  taught,  and  what  books 
and  apparatus  shall  be  used. 


*  See  act  requiring  and  regulating  the  study  of  physiology  and  hygiene,  approved  June 


54 


Eleventh — To  report  to  tlie  city  council,  from  time  to  time,  any- 
suggestions  they  may  deem  expedient  or  requisite  in  relation  to  the 
schools  and  the  school  fund,  or  the  management  thereof,  and  gener¬ 
ally  to  recommend  the  establishment  of  new  schools  and  districts. 

,  Twelfth — To  prepare  and  publish  an  annual  report,  which  shall  in¬ 
clude  the  receipts  and  expenditures  of  each  school,  specifying  the 
source  of  such  receipts  and  the  object  of  such  expenditures. 

Thirteenth — To  communicate  to  the  city  council,  from  time  to 
time,  such  information  within  their  possession  as  may  be  required. 

§  24.  None  of  the  powers  herein  conferred  upon  the  board  of  edu¬ 
cation  of  such  cities  shall  be  exercised  by  them  except  at  a  regular 
meeting  of  such  board. 

§  25.  All  conveyances  of  real  estate  shall  be  made  to  the  city  in 
trust,  for  the  use  of  schools,  and  no  sale  of  real  estate  or  interest 
therein,  used  for  school  purposes,  or  held  in  trust  for  schools,  shall 
be  made  except  by  the  city  council,  upon  the  written  request,of  such 
board  of  education. 

§  26.  All  moneys  raised  by  taxation  for  school  purposes  or  re¬ 
ceived  from  the  State  common  school  fund,  or  from  any  other  source 
for  school  purposes,  shall  be  held  by  the  city  treasurer  as  a  special 
fund  for  school  purposes,  subject  to  the  order  of  the  board  of  educa¬ 
tion,  upon  warrants  to  be  countersigned  by  the  mayor  and  city  clerk. 

§  27.  Said  board  of  education  shall  not  add  to  the  expenditures- 
for  school  purposes  anything  over  and  above  the  amount  that  shall 
be  received  from  the  State  common  school  fund,  the  rental  of  school 
lands  or  property,  and  the  amount  annually  appropriated  for  such 
purposes.  If  said  board  shall  so  add  to  such  expenditure  the  city 
shall  not,  in  any  case,  be  liable  therefor.  And  nothing  herein  con¬ 
tained  shall  be  construed  so  as  to  authorize  any  such  board  of  educa¬ 
tion  to  levy  or  collect  any  tax  upon  the  demand,  or  under  the  direc¬ 
tion  of  such  board  of  education. 

§  28.  All  schools  in  such  cities,  shall  be  governed  as  hereinbefore 
stated,  and  no  power  given  to  the  board  of  education  shall  be  exer¬ 
cised  by  the  city  council  of  such  city. 


Article  VII. 


TEACHERS. 


§  1.  Age  and  qualifications;  graduates  of 
county  normal  schools. 

§  2.  State  certificates. 

§  3.  First  and  second  grade  certificates; 
subjects  for  examination;  renewal 
and  revocation;  form  of  certificate. 

§  4.  Record  by  county  superintendent. 

§  5.  Must  have  a  certificate. 

§  6.  Subjects  to  be  taught. 

§  7.  Examinations  by  county  superintend¬ 
ent. 

§  8.  Fee  to  be  charged. 

§  9.  Moneys  thus  received  paid  to  county 
treasurer. 


§  10.  Annual  institute. 

§  11.  No  deduction  of  wages  when  attending 
institutes  held  on  school  days. 

§  12.  Responsible  for  the  property  of  the 
district. 

§  13.  Must  keep  registers;  form  of  register. 

§  14.  Schedules,  or  statements  of  attendance 
to  be  made;  form  of  schedule. 

§  15.  Schedules  to  be  delivered  to  directors ; 
certificate  pf  directors. 

§  16.  Teacher’s  wages  payable  monthly;  un¬ 
paid  orders  to  draw  interest. 

§18.  School  month;  holidays. 


Section  1.  No  teacher  shall  be  authorized  to  teach  a  common 
school  under  the  provisions  of  this  act  who  is  not  of  good  moral  char¬ 
acter,  at  least  eighteen  years  of  age,  if  a  male,  or  seventeen  years  of 
age,  if  a  female,  and  who  does  not  possess  a  certificate  of  qualifica¬ 
tions  as  hereinafter  provided  for:  Provided,  that  in  any  county  in 
which  a  county  normal  school  is  established,  under  the  control  of  a 
county  board  of  education,  the  diplomas  of  graduates  in  said  normal 
school  shall,  when  directed  by  said  board,  be  taken  by  the  county 
superintendent  as  sufficient  evidence  of  qualification  to  entitle  the 
holder  to  a  first  grade  certificate;  but  such  diplomas  shall  not  be  suf¬ 
ficient  after  two  years  from  such  graduation. 

§  2.  The  State  Superintendent  of  Public  Instruction  is  hereby 
authorized  to  grant  State  certificates  to  such  teachers  as  may  be  found 
worthy  to  receive  them;  such  certificates  shall  be  of  two  grades,  and 
both  shall  be  valid  in  every  county  and  school  district  in  the  State. 
The  higher  grade  shall  be  valid  during  the  lifetime  of  the  holder,  and 
the  lower  grade  shall  be  valid  for  five  years.  But  State  certificates  shall 
only  be  granted  upon  public  examination,  of  which  due  notice  shall 
be  given,  in  such  branches  and  upon  such  terms  and  by  such  exam¬ 
iners  as  the  State  Superintendent  and  the  principals  of  the  State 
universities  may  prescribe.  Said  certificates  may  be  revoked  by  the 
State  Superintendent  upon  proof  of  immoral  or  unprofessional  con¬ 
duct.  [As  amended  by  an  act  approved  April  28,  1893. 

§  3.  It  shall  be  the  duty  of  the  county  superintendent  to  grant 
certificates  to  such  persons  as  may,  upon  due  examination,  be  found 
qualified.  Said  certificates  shall  be  of  two  grades;  those  of  the  first 
grade  shall  be  valid  in  the  county  for  two  years,  and  shall  certify 
that  the  person  to  whom  such  certificate  is  given  is  of  good  moral 
character,  and  is  qualified  to  teach  orthography,  reading  in  English, 
penmanship,  arithmetic,  English  grammar,  modern  geography,  the 
elements  of  the  natural  sciences,  the  history  of  the  United  States, 


56 


physiology  and  the  laws  of  health.  Certificates  of  the  second  grade 
shall  be  valid  for  one  year,  and  shall  certify  that  the  person  to  whom 
such  certificate  is  given  is  of  good  moral  character,  and  is  qualified 
to  teach  orthography,  reading  in  English,  penmanship,  arithmetic, 
English  grammar,  modern  geography,  and  the  history  of  the  United 
States:*  Provided ,  that  teachers  exclusively  teaching  music,  draw¬ 
ing,  penmanship,  book-keeping,  German  or  any  other  special  study 
shall  not  be  required  to  be  examined  except  in  reference  to  such 
special  study;  and,  in  such  cases,  it  shall  not  be  lawful  to  employ 
such  teachers  to  teach  any  branch  of  study  except  such  as  they  have 
been  examined  upon  and  which  shall  be  stated  in  the  certificate. 
The  county  superintendent  may,  in  his  option,  renew  said  certificates 
at  their  expiration  by  his  endorsement  thereon,  and  may  revoke  the 
same  at  any  time  for  immorality,  incompetency,  or  other  just  cause. 
Said  certificates  may  be  in  the  following  form,  viz.: 

.  Illinois, . A.  I) . 

The  undersigned,  having  examined . in  orthography,  reading 

in  English,  penmanship,  arithmetic,  English  grammar,  modern  geography, 
the  history  of  the  United  States,  and  methods  of  teaching,  and  being  satisfied 

that  . is  of  good  moral  character,  hereby  certifies  that . 

qualifications  in  the  above  branches  are  such  as  to  entitle . to 

this  certificate,  being  of  the . grade,  and  valid  in  said  county  for 

. year . from  the  date  hereof,  renewable  at  the  option  of  the 

county  superintendent  by  his  endorsement  thereon. 

Given  under  my  hand  and  seal  at  the  date  aforesaid. 

A.  B., 

County  Superintendent  of  Schools. 

[As  amended  by  an  act  approved  June  21,  1895.] 

§  4.  Each  county  superintendent  shall  also  keep  a  record,  in  a 
book  provided  for  that  purpose,  of  all  teachers  to  whom  he  grants 
certificates.  Said  record  shall  show  the  date  and  grade  of  each  cer¬ 
tificate  and  all  renewals  granted,  and  the  name,  age  and  nativity  of 
each  teacher;  and  shall  give  the  names  of  male  and  female  teachers 
separately.  Said  record  may  be  as  follows,  viz.: 


± 


Name. 

Age. 

Nativity. 

Date. 

Grade. 

Experience. 

1 

Graduated. 

Chas.  Thompson. 

25 

Illinois.. 

Mar.  1.1888 

1 

1 

Has  taught  5 
years  . 

State  Normal  University 

§  5.  No  teacher  shall  be  entitled  to  any  portion  of  the  common 
school  or  township  fund,  or  other  public  fund,  or  be  employed  to 
teach  any  school  under  the  provisions  of  this  act,  who  shall  not,  at 
the  time  he  enters  upon  his  duties  as  such  teacher,  have  a  certificate 
of  qualification  obtained  under  the  provisions  of  this  act  from  the 
superintendent  of  the  State,  or  the  county  superintendent  of  the 
county  in  which  the  school  is  located,  entitling  him  to  teach.  [As 
amended  by  act  approved  June  19,  1893.] 


*  See  act  requiring  and  regulating  the  study  of  physiology  and  hygiene,  approved  June 
9, 1897. 


57 


R  6.  Every  school  established  under  the  provisions  of  this  act 
shall  be  for  instruction  in  the  branches  of  education  prescribed  in 
the  qualifications  for  teachers,  and  in  such  other  branches,  including 
vocal  music  and  drawing,  as  the  directors,  or  the  voters  of  the  dis¬ 
trict  at  the  annual  election  of  directors,  may  prescribe. 

§  7.  It  shall  be  the  duty  of  the  county  superintendents  to  hold 
meetings,  at  least  quarterly,  and  oftener,  if  necessary,  for  the  exam¬ 
ination  of  teachers,  on  such  days  and  in  such  places  in  the  respective 
counties,  as  will,  in  their  opinion,  accommodate  the  greatest  number 
of  persons  desiring  such  examination.  Notice  of  such  meetings  shall 
be  published  a  sufficient  length  of  time,  in  at  least  one  newspaper  of 
general  circulation,  the  expense  of  such  publication  to  be  paid  out  of 
the  school  fund. 

§  8.  The  county  superintendent  shall  in  all  cases  require  the  pay¬ 
ment  of  a  fee  of  one  dollar  from  every  applicant  for  examination  for 
(a  teacher’s  certificate,  and  for  each  renewal  of  such  a  certificate  he 
shall  require  the  payment  of  a  fee  of  one  dollar. 

1  §  9.  All  moneys  so  received  from  applicants  for  teachers’  certifi¬ 

cates,  and  from  the  registration  fees  hereinafter  provided  for,  the 
said  county  superintendent  shall  transmit  monthly  to  the  county 
treasurer,  to  be  by  him  held  and  designated  as  the  institute  fund,  and 
with  such  fund  the  county  superintendent  shall  give  the  treasurer  a 
list  of  the  names  of  the  persons  paying  such  fees.  Said  fund  shall 
be  paid  out  by  the  county  treasurer  only  upon  the  order  of  the  county 
superintendent,  and  only  to  defray  the  expenses  of  the  teachers  in¬ 
stitutes,  which  the  county  superintendent  is,  by  the  following  sec¬ 
tions,  authorized  to  hold.  The  county  superintendent  shall  take 
vouchers  for  all  payments  made  out  of  the  institute  fund,  and  he 
shall  render  an  account  of  such  disbursements,  with  vouchers  for  the 
same,  to  the  county  board  at  their  regular  meeting  in  September  an¬ 
nually. 

§  10.  The  county  superintendent  shall  hold,  annually,  a  teachers’ 
institute,  continuing  in  session  not  less  than  five  days,  for  the  in¬ 
struction  of  teachers  and  those  who  may  desire  to  teach;  and,  with 
the  concurrence  of  the  State  Superintendent  of  Public  Instruction, 
procure  such  assistance  as  may  be  necessary  to  conduct  said  institute 
at  such  time  as  the  schools  of  the  county  .are  generally  closed:  Pro- 
■  vided,  that  two  or  more  adjoining  counties  may  hold  an  institute 
together.  At  every  such  institute,  instruction  shall  be  free  to  such 
j  as°hold  certificates  good  in  the  county  (or  counties  where  two  or  more 
join  to  hold  an  institute)  in  which  the  institute  is  held;  but  the 
county  superintendent  shall  require  all  others  attending  to  pay  him 
a  registration  fee  of  one  dollar,  except  those  who  have  paid  him  an 
examination  fee  as  required  by  section  8  of  this  article,  and  failed  to 
'  receive  a  certificate. 

§  11.  The  time,  not  exceeding  three  days  in  any  one  term,  or  five 
days  in  any  one  school  year,  during  term  time,  actually  spent  by  a 
teacher  of  any  public  school  in  this  State  in  attendance  upon  a 
teachers’  institute,  held  under  the  direction  of  the  county  superin¬ 
tendent  of  schools,  shall  be  considered  time  lawfully  expended  by 


such  teacher  in  the  service  of  the  district  where  such  teacher  is  em¬ 
ployed,  and  no  deduction  of  wages  shall  be  made  for  such  absences. 
And  it  shall  be  the  duty  of  the  school  officers  and  boards  of  educa¬ 
tion  to  allow  teachers  to  close  their  schools  for  such  attendance  upon 
such  institute. 

§  12.  It  shall  be  the  duty  of  every  teacher  employed  in  the  pub¬ 
lic  schools  of  ^the  State  to  see  that  the  school  property  of  the  district, 
placed  under  his  care  and  control,  is  not  unnesessarily  damaged  or 
destroyed.  And  no  teacher  shall  be  paid  any  part  of  the  school 
funds,  unless  he  shall  have  kept  and  furnished  schedules  (when  re¬ 
quired  by  law)  as  hereinafter  directed,  and  shall  also  have  satisfac¬ 
torily  accounted  for  all  books,  apparatus  and  other  property  belong¬ 
ing  to  the  district,  which  he  may  have  taken  in  charge. 

§  13.  Teachers  shall  keep  correct  daily  registers  of  their  schools, 
which  shall  exhibit  the. name,  age,  and  attendance  of  each  pupil,  the 
day  of  the  week,  the  month  and  the  year.  Said  registers  shall  be  as 
nearly  as  may  be,  in  the  following  form,  the  absence  of  each  scholar 
being  signified  by  a  mark,  the  presence  by  a  blank,  viz. : 

Register  of  a  common  school  kept  by  A.  B.,  at . . in  district 

No.  ....  . in  township  No . .  range . of  the .  principal 

meridian,  m  the  county  of . .  in  the  State  of  Illinois. 


Said  register  shall  be  furnished  to  the  teachers  by  the  school  di¬ 
rectors,  and  each  teacher  shall,  at  the  end  of  his  term  of  school,  re¬ 
turn  his  register  to  the  clerk  of  the  school  board  of  the  district. 
And  no  teacher  shall  be  paid  any  part  of  the  public  funds  unless  he 
shall  have  accurately  kept  and  returned  the  register  as  aforesaid. 


59 


§  14.  In  all  districts  controlled  by  a  board  of  directors,  teachers 
shall  make  schedules  of  the  names  of  all  scholars  under  twenty-one 
(21)  years  of  age  attending  school,  in  the  form  prescribed  by  this 
act,  and  when  scholars  reside  in  two  (2)  or  more  districts,  townships 
or  counties,  separate  schedules  shall  be  kept  for  each  district,  town¬ 
ship  or  county.  Boards  of  education  may  require  teachers  under 
their  control  to  make  schedules  as  herein  directed,  or  to  make  state¬ 
ments  certifying  the  number  of  days’  attendance  for  each  month,  as 
shown  by  their  registers,  which  statements  shall  be  certified  to  by 
the  board  of  education,  and  be  subject  to  the  same  requirements  con¬ 
cerning  payment  of  teacher’s  salary  and  filing  as  those  made  by  this 
act  concerning  schedules.  The  schedules  to  be  made  and  returned 
by  the  teacher  shall  be,  as  near  as  circumstances  will  permit,  in  the 
following  form,  viz.: 

Schedule  of  common  school  kept  by . at . .  in 

district  No . .  township  No . ,  range  No.  .... - of  the 

.  principal  meridian,  in  the  county  of  . . . in  the  State 

of  Illinois.  Names  and  ages  of  scholars  residing  in  district  No . 

in  township  No . north,  range . west,  . county, 

who  have  attended  in  my  school  during  the  time  beginning  the  . 

day  of  ........ _ ,18 _ ,  and  ending  the . day  of . ,18 . 

during  which  time  the  school  was  in  session .  school  days. 


Names. 

Ages. 

Days 

attended. 

John  Smith . 

10 

15 

Isaac  Meisler . 

13 

11 

Sarah  Danforth . „ . 

16 

20 

Mary  Newman . 

18 

18 

Grand  total  number  of  days’  attendance .  . 

64 

Males. 

1 

Females. 

Total. 

Number  of  scholars .  . . 

2 

2 

_ 

4 

Average  daily  attendance . 

3  .2 

And  said  teacher  shall  add  up  the  whole  number  of  days’  attend¬ 
ance  of  each  scholar,  and  make  out  the  grand  total  number  of  days’ 
attendance.  He  shall  also  note  the  whole  number  of  scholars,  giv¬ 
ing  the  males  and  females  separately;  the  average  daily  attendance,, 
and  shall  set  the  age  of  each  pupil  opposite  the  name  of  such  pupil, 
as  in  the  form  above  prescribed,  and  shall  attach  thereto  his  certifi¬ 
cate,  which  shall  be  in  the  following  form,  viz.: 

I  certify  that  the  foregoing  schedule  of  scholars  attending  my  school  as 
therein  named,  and  residing  as  specified  in  said  schedule,  to  the  best  of  my 
knowledge  and  belief,  is  correct. 

A . B . .  Teacher. 

§  15.  When  the  teacher  shall  have  completed  his  or  her  schedule 
or  schedules  as  provided  in  the  foregoing  section,  he  or  she  shall 
deliver  it  to  some  one  of  the  directors,  who  shall,  if  requested,  give 
the  teacher  a  receipt  for  the  same.  And  it  shall  be  the  duty  of  the 


60 


:said  director,  in  connection  with  at  least  one  other  director  of  the 
board,  to  carefully  examine  such  schedule  or  schedules,  and  after 
correcting  all  errors,  if  any,  if  they  shall  find  such  schedule  to  have 
been  kept  according  to  law,  they  shall  certify  to  the  same  as  near  as 
practicable,  in  the  following  form,  viz.: 

State  of  Illinois,  \ 

. County,  j  ss* 

We,  the  undersigned  directors  of  district  No . ,  township  No. 

. ,  range  No . .  in  the  county  aforesaid,  certify  that  we  have  care¬ 
fully  examined  the  foregoing  schedule  and  find  the  same  to  be  correct,  and 
that  the  school  was  conducted  according  to  law;  that  the  teacher  is  paid  as 

per  contract . dollars  per . ;  that  the  sum  of .  dollars 

is  now  due . for  services  for  the  month  ending . ;  that 

said  teacher  has  a  legal  certificate  of . grade,  and  that  the  property 

of  said  district  in  charge  of  such  teacher  has  been  satisfactorily  accounted  for. 

Witness  our  hands  this . day  of . ,  A.  D . 


Directors. 

§  16.  Teachers’  wages  are  hereby  declared  due  and  payable 
monthly,  and  upon  certifying  to  the  schedule  or  statement,  as  here¬ 
inbefore  provided  for,  the  directors,  or  board  of  education,  may  at 
once  make  out  and  deliver  to  the  teacher  an  order  upon  the  town¬ 
ship  treasurer  for  the  amount  named  in  the  schedule  or  statement; 
which  order  shall  state  the  rate  at  which  the  teacher  is  paid  accord¬ 
ing  to  his  contract,  the  limits  of  the  time  for  which  the  order  pays, 
and  that  the  directors  have  duly  certified  a  schedule  covering  the 
time  specified  in  such  order:  Provided ,  that  in  case  said  order  shall 
be  presented  to  the  township  treasurer  and  not  paid  for  want  of 
funds,  said  treasurer  shall  certify  on  the  back  of  such  order  the  date 
of  presentation  as  required  by  section  18  of  article  IV  of  this  act, 
and  thereafter  such  order  shall  bear  interest  at  the  rate  of  eight  per 
cent,  per  annum  until  paid,  or  until  the  said  treasurer  shall  notify 
the  clerk  of  the  board  of  directors  issuing  such  order  that  he  has 
funds  with  which  to  pay  the  same. 

§  17.  The  school  month  shall  be  the  same  as  the  calendar  month, 
but  teachers  shall  not  be  required  to  teach  upon  Saturdays,  Sundays, 
legal  holidays,  these  being  New  Year’s,  Fourth  of  July,  Christmas 
and  Thanksgiving,  and  fast  days  appointed  by  the  national  or  state 
authority;  nor  shall  they  be  required  to  make  up  the  time  lost  by 
closing  school  upon  such  days  or  upon  such  special  holidays  as  may 
be  granted  the  schools  by  the  board  of  directors. 


61 


ARTICLE  VIII. 


REVENUE-TAXATION. 


.g  1.  Power  to  tax;  limitations. 

g  2.  Certificate  of  tax  levy;  time  of  return; 
form. 

I  3.  Return  of  certificate  to  county  clerk ; 
map  filed. 

g  4.  District  in  two  counties, 
g  5.  Taxes  computed  by  county  clerk, 
j!  6.  Assessors  to  designate  the  district. 

§  7.  County  clerk  to  copy  numbers  of  dis¬ 
tricts;  tax  to  be  uniform. 


§  8.  Certificate  of  amount  due  each  dis¬ 
trict. 

§  9.  Collector  to  pay  township  treasurer, 
g  10.  Districts  lying  in  two  townships, 
g  11.  Penalty  for  failure  to  pay;. 

§  12.  Blank  books  and  notices. 

g  13.  Failure  to  file  certificate  does  not 
vitiate  the  assessment. 


Section  1.  For  the  purpose  of  establishing  and  supporting  free 
schools,  for  not  less  than  five  nor  more  than  nine  months  in  each 
year,  and  defraying  all  the  expenses  of  the  same  of  every  description; 
for  the  purpose  of  repairing  and  improving  school  houses,  of  procur¬ 
ing  furniture,  fuel,  libraries  and  apparatus,  and  for  all  other  neces¬ 
sary  incidental  expenses  in  each  district,  village  or  city,  anything  in 
any  special  charter  to  the  contrary  notwithstanding,  the  directors  of 
such  district,  and  the  authorities  of  such  village  or  city  shall  be  au¬ 
thorized  to  levy  a  tax  annually  upon  all  the  taxable  property  of  the 
district,  village  or  city,  not  to  exceed  two  per  cent,  for  educational, 
and  three  per  cent,  for  building  purposes  (except  to  pay  indebted¬ 
ness  contracted  previous  to  the  passage  of  this  act) ,  the  valuation  to 
be  ascertained  by  the  last  assessment  for  State  and  county  taxes. 

§  The  directors  of  each  district  shall  ascertain,  as  near  as  prac¬ 
ticable,  annually,  how  much  money  must  be  raised  by  special  tax  for 
school  purposes  during  the  ensuing  year,  which  amount  shall  be  cer¬ 
tified  and  returned  to  the  township  treasurer  on  or  before  the  first 
Tuesday  in  August,  annually.  The  certificate  of  the  directors  may 
be  in  the  following  form,  viz.: 


We  hereby  certify  that  we  require  the  sum  of  .  dollars,  to  be 

levied  as  a  special  tax  for  school  purposes,  and . dollars  for  build¬ 

ing  purposes,  on  the  taxable  property  of  our  district,  for  the  year  A. 
D . 

Given  under  our  hands  this  . day  of  . ,  A.  D . 

A.  B.,  "|  Directors  district  No  . .  township 

I 

C.  D.,  }-  No  . ,  range  No . ,  county 

E.  F.,  J  of  . . ,  State  of  Illinois. 

§  3.  It  shall  be  the  duty  of  township  treasurer  to  return  the  cer¬ 
tificate  mentioned  in  the  foregoing  section  to  the  county  clerk,  on  or 
before  the  second  Monday  of  August,  and  whenever  the  boundaries 
of  the  districts  of  the  townships  shall  have  been  changed,  the  town¬ 
ship  treasurer  shall  return  to  the  county  clerk,  with  the  certificates, 
a  map  of  the  township,  showing  such  changes,  and  certified  as  re¬ 
quired  by  the  provisions  of  this  act. 


62 


§  4.  When  a  district  lies  partly  in  two  or  more  counties,  the 
directors  thereof  shall  ascertain  as  nearly  as  practicable  the  amount 
to  be  raised  by  special  tax  for  school  purposes,  and  shall  prepare  one 
•certificate  thereof  for  each  county  in  which  such  district  may  lie, 
and  deliver  all  of  the  said  certificates  to  the  township  treasurer,  who 
receives  the  tax  money  of  such  district,  who  shall  return  one  each  of 
such  certificates  to  the  county  clerk  of  each  county  within  which 
such  district  shall  lie.  On  the  first  Monday  of  October,  or  as  soon 
thereafter  as  may  be  practicable,  annually,  the  county  clerk  of  each 
of  such  counties  shall  ascertain  the  total  equalized  valuation  of  all 
the  taxable  property  in  that  part  of  such  district  as  shall  lie  in  his 
county,  and  certify  the  amount  thereof  to  the  county  clerk  of  each 
of  the  other  counties  in  which  such  district  may  lie;  and  from  the 
aggregate  of  such  equalized  valuation  and  from  the  certificate  of  the 
amount  so  required  to  be  levied,  such  clerk  shall  ascertain  the  rate 
per  cent,  required  to  produce  in  such  district  the  amount  of  such 
levy,  and  at  that  rate  shall  extend  the  special  tax  to  be  levied  for 
school  purposes  in  that  part  of  such  district  lying  in  their  respective 
counties.  [As  amended  by  act  approved  June  17,  1891. 

§  5.  According  to  the  amount  certified,  as  aforesaid,  the  county 
clerk,  when  making  out  the  tax  books  for  the  collector,  shall  compute 
each  taxable  person’s  tax,  in  said  district,  upon  the  total  amount  of 
taxable  property,  as  equalized  by  the  State  Board  of  Equalization 
for  that  year,  lying  and  being  in  said  district,  whether  belonging  to 
residents  or  non-residents,  and  also  each  and  every  tract  of  land 
assessed  by  the  assessor,  which  lies,  or  the  largest  part  of  which  lies, 
in  said  district.  The  said  county  clerk  shall  cause  each  person’s  tax, 
so  computed,  to  be  set  upon  the  tax  book  to  be  delivered  to  the  col¬ 
lector  for  that  year,  in  a  separate  column,  against  each  taxpayer’s 
name  or  parcel  of  taxable  property,  as  it  appears  in  said  collector’s 
books,  to  be  collected  in  the  same  manner  and  at  the  same  time  and 
by  the  same  persons  as  State  and  county  taxes  are  collected. 

§  6.  It  shall  be  the  duty  of  assessors,  when  making  assessments 
of  personal  property,  to  designate  the  number  of  the  school  district 
in  which  each  person  so  assessed  resides;  which  designation  shall  be 
made  by  writing  the  number  of  such  district  opposite  each  person’s 
assessment  of  personal  property,  in  a  column  provided  for  that 
purpose,  in  the  assessment  roll  returned  by  the  assessor  to  the 
county  clerk. 

§  7.  It  shall  be  the  duty  of  the  county  clerk  to  copy  said  num¬ 
bers  of  school  districts,  so  returned  by  the  assessor,  into  the  collect¬ 
or’s  book  and  to  extend  the  school  tax  on  each  person’s  assessment 
of  personal  property,  according  to  the  rate  required  by  the  amount 
designated  by  the  directors  of  the  school  district  in  which  such 
person  resides.  The  computations  of  each  person’s  tax  and  the  levy 
made  by  the  clerk,  as  aforesaid,  shall  be  final  and  conclusive:  Pro¬ 
vided,  the  rate  shall  be  uniform  and  shall  not  exceed  that  required 
by  the  amount  certified  by  the  board  of  directors. 

§  8.  The  county  clerk  before  delivering  the  tax  book  to  the  col¬ 
lector,  shall  make  out  and  send  by  mail,  to  each  township  treasurer 


in  the  county,  a  certificate  of  the  amount  due  each  district  or  fraction 
of  a  district  in  his  township,  of  said  tax  so  levied  and  placed  uiDon 
the  tax  books. 

§  9,  On  or  before  the  first  day  of  April  next,  after  the  delivery  of 
the  tax  books  containing  the  computation  and  levy  of  the  said  taxes, 
or  so  soon  thereafter  as  the  township  treasurer  shall  present  the  said 
certificate  of  the  amount  of  the  said  tax,  and  make  a  demand  therefor, 
the  said  collector  shall  pay  to  said  township  treasurer  the  full 
amount  of  said  tax  so  certified  by  the  county  clerk,  or  in  case  any 
part  thereof  remains  uncollected,  said  collector  shall,  in  addition  to 
the  amount  collected,  deliver  to  said  township  treasurer  a  statement 
of  the  uncollected  taxes  for  each  district  of  such  township,  taking  of 
the  township  treasurer  his  receipt  therefor,  which  receipt  shall  be 
evidence  as  well  in  favor  of  the  collector  as  against  the  township 
treasurer.  The  said  treasurer  shall  enter  the  amount  collected  in  his 
books  under  the  proper  heads,  and  pay  the  same  out  as  provided  for 
by  this  act. 

§  10.  When  a  district  is  composed  of  parts  of  two  or  more  town¬ 
ships,  the  directors  shall  determine  and  inform  the  collectors  of  said 
townships,  and  the  collector  or  collectors  of  the  county  or  counties 
in  which  said  townships  lie,  in  writing,  under  their  hands  as  directors, 
which  of  the  treasurers  of  the  townships,  from  which  their  district  is 
formed,  shall  demand  and  receive  the  tax  money  collected  by  the  said 
collectors  as  aforesaid. 

§  11.  If  any  collectors  shall  fail  to  pay  the  amount  of  said  tax,  or 
any  part  thereof,  as  required  by  the  provisions  of  section  nine  (9) 
of  this  article,  of  this  act,  it  shall  be  competent  for  the  township 
treasurer,  or  other  authorized  person,  to  proceed  against  said  col¬ 
lector  and  his  securities  in  any  action  of  debt  upon  his  official  bond, 
in  any  court  of  comx^etent  jurisdiction.  And  the  said  collector  so  in 
default  shall  x^ay  twelve  per  centum  upon  the  amount  due,  to  be 
assessed  a$  damages,  which  shad  be  included  in  the  judgment  ren¬ 
dered  against  him :  Provided,  no  collector  shall  be  liable  for  such 
part  of  said  tax  as  he  shall  be  able  to  make  appear  he  could  not  have 
collected  by  law,  until  he  has  collected  or  may  be  able  to  so  collect 
such  amount. 

§  12.  It  is  hereby  made  the  duty  of  the  proper  officers  in  prex)ar- 
ing  blank  books  and  notices  for  the  use  of  assessors  to  provide 
columns  and  blanks  for  the  use  of  assessors,  so  that  they  may  desig¬ 
nate  the  number  of  the  school  district,  as  provided  for  in  section  six 
(6)  of  trhis  article  of  this  act. 

§  13.  A  failure  by  the  directors  to  file  their  certificates,  or  of  the 
township  treasurer  to  return  the  same  to  the  county  clerk  in  the 
time  required  by  this  act,  shall  not  vitiate  the  assessment,  but  the 
same  shall  be  as  legal  and  valid  as  if  comxfieted  in  the  time  required 
by  law. 


64 


Article  IX. 


BONDS. 


$  1.  Vote  necessary  to  borrow  money;  limit  I 
of  sum  borrowed. 

$  2.  Registry  of  bonds. 

§  3.  Money  paid  into  school  treasury  of 
township;  cancellation  of  bonds. 

I  4.  Election  for  borrowing  money ;  form  of 
notice. 


I  5.  Judges. 

§6.  Poll  book  retm-ned;  penalty  for  failure- 
to  return  poll  book. 

§  7.  Refunding  school  district  bonds. 


Section  1.  For  the  purpose  of  building  school  houses  or  pur¬ 
chasing  school  sites,  or  for  repairing  and  improving  the  same,  the 
directors  of  any  school  district,  when  authorized  by  a  majority  of  all 
the  votes  cast  at  an  election  called  for  that  purpose,  may  borrow 
money,  issuing  bonds  signed  by  not  less  than  two  members  of  said 
board  of  directors,  in  sums  of  not  less  than  one  hundred  dollars 
($100),  and  bearing  interest  at  a  rate  not  exceeding  eight  per  centum 
per  annum;f  Provided,  that  the  sum  borrowed  in  any  one  year  shall 
not  exceed  five  per  cent,  (including  exisiting  indebtedness)  of  the 
taxable  property  of  the  district,  to  be  ascertained  by  the  last  assess¬ 
ment  for  State  and  county  taxes  previous  to  the  incurring  of  such 
indebtedness. 

§  2.  All  bonds  authorized  to  be  issued  by  virtue  of  the  foregoing 
section  before  being  so  issued,  negotiated  and  sold,  shall  be  regis¬ 
tered,  numbered  and  countersigned  by  the  school  treasurer  of  the 
township  wherein  the  school  house  of  such  district  is,  or  is  to  be  lo¬ 
cated.  Such  register  shall  be  made  in  a  “bond  register”  book  to  be 
kept  for  that  purpose,  and  in  this  register  shall  first  be  entered  the 
record  of  the  election  authorizing  the  directors  to  borrow  money,  and 
then  a  description  of  the  bonds  issued  by  virtue  of  such  authority  as 
to  number,  date,  to  whom  issued,  amount,  rate  of  interest  and  when 
due.  | 

§  3.  All  moneys  borrowed  under  the  authority  granted  by  this 
article  of  this  act,  shall  be  paid  into  the  school  treasury  of  the  town¬ 
ship  wherein  the  bonds  issued  therefor  are  required  to  be  registered, 
and,  upon  receiving  such  moneys,  the  treasurer  shall  deliver  such 
bond  or  bonds  issued  therefor  to  the  parties  entitled  to  receive  the 
same,  and  shall  credit  the  funds  received  to  the  district  issuing  the 
bonds.  The  treasurer  of  said  township  shall  enter  in  the  said  “bond 
register”  the  exact  amount  received  for  each  and  every  bond  issued. 
And  when  any  such  bonds  are  paid,  the  said  township  treasurer  shall 
cancel  the  same  and  shall  enter  in  the  said  “bond  register,”  against 

the  record  of  such  bonds,  the  words,  “paid  and  cancelled  the . 

day  of . A.  D . /’  filling  the  blanks  with  the  day,. 

month  and  year  corresponding  with  the  date  of  such  payment. 

§  4.  Whenever  it  is  desired  to  hold  an  election  for  the  purpose  of 
borrowing  money,  as  provided  for  in  this  article  of  this  act,  the  di¬ 
rectors  of  the  district  in  which  such  election  is  to  be  held,  shall  give 


*  7  per  cent,  is  the  highest  rate  allowed  by  law  on  loans  made  on  or  after  July  1,1891. 


65 


at  least  ten  days’  notice  of  the  holding  of  such  election,  by  posting 
notices  in  at  least  three  of  the  most  public  places  in  such  district. 
Such  notices  shall  specify  the  place  where  such  election  is  to  be  held, 
the  time  of  opening  and  closing  the  polls,  and  the  question  or  propo¬ 
sition  to  be  voted  upon,  which  notice  may  be  substantially  in  the 
following  form,  viz.: 

NOTICE  OF  ELECTION. 


Public  notice  is  hereby  given  that  on  the . day  of . . 

A.  D . ,  an  election  will  be  held  at . .  .school  district 

No . ,  in  township  No . ,  range  No . ,  of  the  principal  meridian 

in . county,  Illinois,  for  the  purpose  of  voting  “For’T  or 

“Against”  the  proposition  to  issue  the  bonds  of  said  school  district  No. - 

to  the  amount  of . dollars  due  (here  insert  the  times 

of  payment,  giving  the  amount  falling  due  each  year,  if  the  bonds  mature  at 

different  dates),  which  bonds  are  to  bear  interest  at  the  rate  of . percent. 

per  annum,  payable . annually. 

The  polls  of  said  election  will  be  opened  at . o’clock - M.,  and  will  re¬ 
main  open  until . o’clock - M. 


Dated  this 


day  of 


,  A.  D.... 


.  B. 
C.  D., 
E.F. 


Directors. 


§  5.  At  such  election  two  of  the  directors  of  such  district  shall 
act  as  judges  and  one  of  said  directors  shall  act  as  clerk.  In  case 
either  or  any  of  said  directors  shall  fail,  from  any  cause,  to  be  pres¬ 
ent  or  to  act  at  such  election,  at  the  time  of  opening  the  polls  there¬ 
of,  the  legal  voters  assembled  shall  choose,  from  their  number,  per¬ 
sons  to  act  as  such  two  judges,  and  a  clerk  of  said  election.  The  said 
judges  and  the  said  clerk  shall  take  and  subscribe  the  oath  required 
of  judges  and  clerks  of  an  election  held  for  State  or  county  officers, 
and  such  oath  may  be  administered  in  the  same  manner  as  is  or  may 
be  provided  by  law  for  administering  the  oath  to  judges  and  clerks 
at  a  State  or  county  election.  At  such  election  all  votes  shall  be  by 
ballot.  In  districts  which  have  adopted  the  provisions  of  “An  act 
regulating  the  holding  of  elections,  and  declaring  the  result  thereof 
in  cities,  villages  and  incorporated  towns  in  this  State,”  approved 
June  19,  1885,  the  said  election  shall  be  held  under  the  provisions  of 
said  act. 


§  6.  Within  ten  days  after  every  such  election,  the  judges  shall 
cause  the  poll-book  to  be  returned  to  the  township  treasurer,  who  is 
required  to  register  such  bonds,  with  a  certificate  thereon  showing 
the  result  of  such  election,  which  poll-book  shall  be  filed  and  safely 
kept  by  the  said  township  treasurer,  and  shall  be  evidence  of  such 
election.  For  a  failure  to  return  such  poll-book  to  such  treasurer 
within  the  time  prescribed,  the  judges  of  said  election  shall  severally 
be  liable  to  a  penalty  of  not  less  than  twenty-five  dollars  ($25)  nor  more 
than  one  hundred  dollars  ($100) ,  to  be  recovered  in  a  suit  in  the 
name  of  the  People  of  the  State  of  Illinois,  before  any  justice  of  the 
peace,  and,  when  collected,  shall  be  added  to  the  township  school 
fund  of  the  township  in  which  said  treasurer  resides. 

— 5 


§  7.  In  all  cases  where  any  school  district  has  heretofore  issued 
or  may  hereafter  issue  bonds,  or  other  evidences  of  indebtedness,  for 
money  on  account  of  any  public  school  building  or  other  public  im¬ 
provement,  or  for  any  other  purposes  which  are  now  binding  and 
subsisting  legal  obligations  against  said  school  district,  and  remain¬ 
ing  outstanding,  and  which  are  properly  authorized  by  law,  the 
proper  authorities  of  such  school  district  may,  upon  the  surrender 
of  any  such  bonds  or  other  evidences  of  indebtedness,  or  any  num¬ 
ber  thereof,  issue  in  place  or  in  lieu  thereof,  or  to  take  up  the  same, 
to  the  holders  or  owners  of  the  same,  or  to  other  i:>ersons  f0r  money 
with  which  to  take  up  the  same,  new  bonds  or  other  evidences  of  in¬ 
debtedness,  in  such  form,  for  such  amount,  upon  such  time,  not  ex¬ 
ceeding  the  term  of  twenty  (20)  years,  and  drawing  such  rate  of 
interest  not  exceeding  eight  (8)  per  centum  per  annum, *  as  may  be 
determined  upon;  and  such  new  bonds  or  other  evidences  of  indebt- 
ness  so  issued  shall  show,  on  their  face,  that  they  are  issued  under 
this  act:  Provided ,  that  the  issue  of  such  new  bonds  in  lieu  of  such 
indebtedness  shall  first  be  authorized  by  a  vote  of  the  legal  voters  of 
such  school  district  voting  at  an  election  called  and  conducted  as  other 
elections  provided  for  by  this  article  of  this  act:  And,  provided 
further,  that  such  bonds  or  other  evidences  of  indebtedness  shall  not 
te  issued  so  as  to  increase  the  aggregate  indebtedness  of  such  school 
district  beyond  five  (5)  per  centum  on  the  value  of  the  taxable 
property  therein,  to  be  ascertained  by  the  last  assessment  for  State 
and  county  taxes  prior  to  the  issuing  of  such  bonds  or  other  evi¬ 
dences  of  indebtedness. 


Article  X. 

COUNTV  CLERK. 

g  1.  To  furnish  to  county  superintendent  a  I  §  5.  To  compute  tax;  to  copy  the  numbers 
list  of  trustees  elected.  of  districts;  to  extend  tax  and  to 

send  certificate  of  amount  due  each 
g  2.  To  file  papers  relating:  to  changes  in  |  district,  etc. 

§  6.  To  certify  to  bills  of  county  superin¬ 
tendents,  and  to  transmit  them  to 
g  3.  To  furnish  certificate  of  equalized  State  Auditor. 

value  of  taxable  property  in  case  of  g  To  record  land  sales  reported  by  county 

district  in  two  counties.  superintendent. 

g  4.  To  furnish  certificate  of  equalized 
value  of  taxable  property  to  any  dis¬ 
trict.  I 

Section  1.  In  all  cases  where,  by  any  provision  of  laws,  the 
returns  of  any  election  for  school  trustees  are  made  to  the  county 
clerk  of  any  county,  it  shall  be  the  duty  of  the  county  clerk,  within 
ten  days  after  such  returns  have  been  made  to  him  as  aforesaid,  to 
furnish  to  the  county  superintendent  of  schools  a  list  of  all  such 
trustees  so  returned  to  him,  and  the  township  from  which  the  same 
have  been  so  returned. 


district  boundaries;  penalty  for  fail¬ 
ure  to  do  so. 


*  7  per  cent,  is  the  highest  rate  allowed  by  law  on  loans  made  on  or  after  July  1, 1891. 


67 


§  2.  Whenever  any  change  shall  be  made  in  the  boundaries  of 
•any  school  district,  and  a  written  statement  or  record  of  such  change 
rshall  be  delivered  to  the  county  clerk  of  such  county,  it  shall  be  the 
duty  of  said  county  clerk  to  file  such  statement  or  record  and  all 
papers  relating  thereto  and  duly  record  the  same  in  the  records  of 
his  office;  and  in  case  of  neglect  or  failure  so  to  do,  the  said  county 
•clerk  shall  be  liable  to  a  penalty  of  twenty-five  dollars  ($25) ,  to  be 
recovered  by  an  action  of  debt  before  any  justice  of  the  peace,  at 
4he  suit  of  the  county  superintendent,  for  the  benefit  of  the  school 
i'und  of  the  said  county. 

§  3.  Whenever  any  school  district  lies  partly  in  two  or  more 
counties,  it  shall  be  the  duty  of  the  county  clerk  of  each  county  in 
which  any  part  of  such  district  lies  to  furnish,  upon  request,  to  the 
•directors  of  such  district  a  certificate  showing  the  last  ascertained 
equalized  value  of  the  taxable  property  in  that  part  of  such  district 
lying  in  such  county. 

§  4.  It  shall  be  the  duty  of  the  county  clerk  to  furnish  to  the  di¬ 
rectors  of  any  school  district,  or  to  the  board  of  education  in  dis¬ 
tricts  having  a  board  of  education,  upon  request,  a  certificate  show¬ 
ing  the  last  ascertained  equalized  value  of  the  taxable  property  of 
-such  district,  as  the  same  appears  of  record  in  his  office. 

§  5.  It  shall  be  the  duty  of  the  county  clerk,  when  making  out 
the  tax  books  for  the  collector,  to  compute  each  taxable  person’s  tax 
in  each  school  district,  upon  the  total  amount  of  taxable  property,  as 
•equalized  by  the  State  Board  of  Equalization  for  that  year,  lying 
and  being  in  such  district,  whether  belonging  to  residents  or  non¬ 
residents,  and  also  each  and  every  tract  of  land  assessed  by  the  as¬ 
sessor  which  lies,  or  the  largest  part  of  which  lies,  in  such  district. 
Such  computation  shall  be  made  so  as  to  realize  the  amount  of 
money  required  to  be  raised  in  such  district,  as  shown  and  set  forth 
in  the  certificate  of  tax  levy,  made  out  by  the  directors  of  such  dis¬ 
trict,  and  filed  with  the  township  treasurer,  as  required  by  the  pro¬ 
visions  of  this  act.  The  said  county  clerk  shall  cause  each  person’s 
lax,  so  computed,  to  be  set  upon  the  tax  book  to  be  delivered  to  the 
•collector  for  that  year,  in  a  separate  column  against  each  tax  payer’s 
name,  or  parcel  of  taxable  property,  as  it  appears  in  said  collector’s 
books,  to  be  collected  in  the  same  manner,  and  at  the  same  time,  and 
b>y  the  same  person,  as  State  and  county  taxes  are  collected.  In 
making  up  the  tax  books  to  be  delivered  to  the  collectors  of  taxes, 
the  county  clerk  shall  copy  into  such  tax  books  the  number  of  the 
.•school  district  set  opposite  to  each  person’s  assessment  of  personal 
property  by  the  assessor  making  Ihe  assessment  of  such  person,  and 
to  extend  the  school  tax.  on  each  person’s  assessment  of  personal 
property,  according  to  the  rate  required  by  the  amount  designated 
by  the  directors  of  the  school  district  in  which  such  person  resides, 
as  shown  by  said  certificate  of  tax  levy.  The  computation  of  each 
person’s  tax  and  the  levy  made  by  the  clerk,  as  aforesaid,  shall  be 
final  and  conclusive:  Provided,  that  the  rate  shall  be  uniform,  and 
shall  not  exceed  that  required  by  the  amount  certified  by  the  board 
of  directors.  The  said  county  clerk,  before  delivering  the  tax  book 
to  the  collector,  shall  make  out  and  send  by  mail  to  each  township 


68 


treasurer  of  the  county  a  certificate  of  the  amount  due  each  district,, 
or  fraction  of  a  district,  in  his  township,  of  said  tax  so  levied  and 
placed  upon  the  tax  books. 

§  6.  Whenever  the  county  board  of  any  county  shall  have  audited 
the  itemized  bills  of  the  county  superintendents  of  schools  or  their 
assistants,  as  required  by  the  provisions  of  this  act,  it  shall  be  the- 
duty  of  the  county  clerk  of  such  county  to  certify  to  such  act,  and 
transmit  the  said  bills  to  the  Auditor  of  Public  Accounts,  who  shall, 
upon  the  receipt  of  them,  remit,  in  payment  thereof  to  each  superin¬ 
tendent,  his  warrant  upon  the  State  Treasurer  for  the  amount  certi¬ 
fied  to  be  due  him;  and  the  Auditor,  in  making  his  warrant  to  any 
county  for  the  amount  due  from  the  State  school  fund,  shall  deduct 
from  it  the  several  amounts  for  which  warrants  have  been  issued  to- 
the  county  superintendent  of  said  county  since  the  next  preceding 
apportionment  of  the  State  school  fund. 

§  7.  The  county  clerk  of  each  county  shall  preserve  and  record 
in  a  well-bound  book  to  be  kept  for  that  purpose,  the  report  of  the 
county  superintendent,  made  to  the  county  board  at  the  first  regular 
term  of  such  board  in  each  year,  relating  to  the  sale  of  school  lands, 
the  amount  of  money  received,  paid,  loianed  out  and  on  hand,  be¬ 
longing  to  each  township  fund  in  his  control,  and  the  statement 
copied  from  the  loan  book  of  such  county  superintendent,  showing 
all  the  facts  in  regard  to  loans,  which  are  required  to  be  stated  on  the 
loan  book. 


Article  XI. 

COUNTY  BOARD. 

§  1.  Powers  of  the  county  board  defined..  I  §  3.  Statement  of  land  sales  by  the  county 
l  2.  Duties  of  the  county  board  defined,  I  board. 

Section  1.  The  county  board  of  each  county  of  this  State  shall 
have  power — 

First— To  approve  the  bond  of  the  county  superintendent  of 
schools. 

Second — To  increase  the  penalty  of  the  bond  of  the  county  super¬ 
intendent  of  schools  beyond  twelve  thousand  dollars  ($12,000)  if,  in 
the  discretion  of  said  county  board,  such  bond  should  be  so  in¬ 
creased. 

Third — To  remove  the  county  superintendent  of  schools  from 
office  for  any  palpable  violation  of  law  or  omission  of  duty.* 

Fourth — To  require  the  county  superintendent  of  schools,  after 
notice  given,  to  execute  a  new  bond,  conditioned  and  approved  as  the 
first  bond,  whenever  in  the  discretion  of  the  county  board  such  new 
bond  is  necessary:  Provided,  however,  that  the  execution  of  such 
new  bond  shall  not  affect  the  old  bond  or  the  liability  of  the  security 
thereof. 


*  This  grant  of  power  is  not  annulled  by  the  repeal  of  section  7,  article  II. 


69 


Fifth — To  require  the  county  superintendent  of  schools  to  make 
the  reports  to  such  board  provided  for  by  law,  and  to  remove  him 
from  office  in  case  of  neglect  or  refusal  so  to  do. 

Sixth — In  counties  having  not  more  than  one  hundred  (100) 
schools,  the  board  may  limit  the  time  of  the  superintendent  of 
schools:  Provided ,  that  in  the  counties  having  not  more  than  fifty 
(50)  schools  the  limit  of  time  shall  not  be  less  than  one  hundred  and 
fifty  (150)  days  a  year;  in  counties  having  from  fifty-one  (51)  to 
seventy-five  (75)  schools,  not  less  than  two  hundred  (200)  days  a 
year;  and  in  counties  having  from  seventy-six  (76)  to  one  hundred 
(100)  schools,  not  less  than  two  hundred  and  fifty  (250)  days. 

Seventh — Said  county  board  shall  authorize  the  county  superin¬ 
tendent  of  schools  to  employ  such  assistants  as  he  needs  for  the  full 
discharge  of  his  duties,  and  said  county  board  shall  fix  the  compen¬ 
sation  to  be  paid  therefor,  which  compensation  shall  be  paid  out  of 
the  county  treasury. 

2.  It  shall  be  the  duty  of  the  county  board  of  each  county  of 
this  State — 

First — To  provide  for  the  county  superintendent  of  schools  a  suit¬ 
able  office  with  necessary  furniture  and  office  supplies,  as  is  done  in 
the  case  of  other  county  officers. 

Second — When  the  office  of  county  superintendent  of  schools  shall 
become  vacant  by  death,  resignation,  removal  or  otherwise,  to  fill  the 
.same  by  appointment.  And  the  person  so  appointed  shall  hold  his 
office  until  the  next  election  of  county  officers,  at  which  election  the 
said  board  shall  order  the  election  of  a  successor. 

Third — To  examine  and  approve  or  reject  the  report  of  the  county 
superintendent  of  schools  made  to  such  board,  and  the  notes  and  se¬ 
curities  taken  by  such  superintendent  for  school  funds. 

Fourth — At  the  regular  meeting  in  September,  and  as  near  quar¬ 
terly  thereafter,  as  such  board  may  have  regular  or  special  meetings, 
to  audit  the  itemized  bills  of  the  county  superintendent,  and  of  his 
assistants,  for  their  per  diem  compensation  and  expenses  allowed  by 
law  for  visiting  schools. 

§  3.  At  the  first  regular  term  of  the  county  board,  in  each  year, 
the  county  superintendent  shall  present  to  the  county  board  of  his 
county — 

First — A  statement  showing  the  sales  of  school  lands  made  subse¬ 
quent  to  the  first  regular  term  of  the  previous  year,  wThich  shall  be  a 
true  copy  of  the  sale  book  (book  B). 

Second — Statements  of  the  amount  of  money  received,  paid,  loaned 
out  and  in  hand,  belonging  to  each  township  or  fund  under  his  control, 
the  statement  of  each  fund  to  be  separate. 

Third — Statements  copied  from  his  loan  book  (book  C) ,  showing 
all  the  facts  in  regard  to  loans  which  are  required  to  be  stated  on  the 
loan  book. 

All  of  which  the  county  board  shall  thereupon  examine  and  com¬ 
pare  with  the  vouchers,  and  the  said  county  board,  or  so  many  of 


70 


them  as  may  be  present  at  the  meeting  of  the  board,  shall  be  liable 
individually  to  the  fund  injured  and  to  the  securities  of  the  county 
superintendent,  in  case  judgment  be  recovered  of  the  said  securities, 
for  all  damages  occasioned  by  a  neglect  of  the  duties,  or  any  of  them,, 
required  of  said  board  by  this  section:  Provided,  nothing  herein, 
contained  shall  be  construed  to  exempt  the  securities  of  said  county 
superintendent  from  any  liability  as  such  securities,  but  they  shall 
still  be  liable  to  the  fund  injured  the  same  as  if  the  members  of  the 
county  board  were  not  liable  to  them  for  neglect  of  their  duty. 


Article  XII. 


SCHOOL 

§  1.  To  consist  of  a  two-mill  tax;  interest 
of  school  fund  proper  and  of  sur¬ 
plus  revenue. 

?.  2.  State  to  pay  interest. 

§  3.  Dividend  to  counties  made  by  State 
Auditor. 

§  4.  Warrants  issued  by  the  State  Auditor, 
and  received  from  the  collectors  by 
State  Treasurers. 

§  5.  County  superintendent  to  proceed 
against  collector  on  his  refusal  to 
pay. 

Section  1.  The  common  school  fund  of  this  State  shall  consist 
of  the  proceeds  of  a  two-mill  tax  to  be  levied  upon  each  dollar’s  val¬ 
uation  of  the  property  in  the  State,  annually,  until  otherwise  pro¬ 
vided  by  law;  the  interest  on  which  is  known  as  the  school  fund 
proper,  being  three  per  cent,  upon  the  proceeds  of  the  sales  of  the- 
public  lands  in  the  State,  one-sixth  part  excepted,  and  the  interest 
on  what  is  known  as  the  surplus  revenue,  distributed  by  act  of  con¬ 
gress  and  made  a  part  of  the  common  school  fund  by  act  of  the  Leg¬ 
islature,  March  4,  1837. 

§  2.  The  State  shall  pay  the  interest  mentioned  in  the  preceding, 
section  at  the  rate  of  six  per  cent,  per  annum,  annually,  to  be  paid 
into,  and  become  a  part  of,  said  school  fund. 

§  3.  On  the  first  Monday  in  January  in  each  and  every  year  next: 
after  taking  the  census  of  the  State,  by  federal  or  State  authority, 
the  Auditor  of  Public  Accounts  shall  ascertain  the  number  of  chil¬ 
dren  in  each  county  in  the  State,  under  twenty-one  years  of  age,  and 
shall  thereupon  make  a  dividend  to  each  county  of  the  sum  from  the 
tax  levied  and  collected  under  the  provisions  of  the  first  section  of 
this  article  of  this  act,  and  of  the  interest  due  on  the  school  fund 
proper  and  surplus  revenue,  in  proportion  to  the  number  of  children 
in  each  county  under  the  age  aforesaid,  and  issue  his  warrant  to  the 
superintendent  of  schools  of  each  county  upon  the  collector  thereof. 
Upon  presentation  of  said  warrant  by  the  county  superintendent  to 
the  collector  of  his  county,  said  collector  or  the  treasurer  shall  pay 
over  to  the  county  superintendent  the  amount  of  said  warrant  out  ofT 


FUNDS. 

I  6.  Proceeds  of  the  sale  of  sixteenth  sec¬ 
tion,  etc.,  constitute  principal  of- 
township  fund,  etc.;  interest  dis¬ 
tributed. 

I  7.  Moneys  paid  out  upon  orders. 

§  8.  Form  of  orders ;  filing  of  orders. 

I  9.  Union  districts;  receipts  to  betaken.. 

§  10.  Loans  in  districts  under  a  special' 
charter. 


71 


the  first  funds  which  may  be  collected  by  him  and  not  otherwise  ap¬ 
propriated  by  law,  taking  said  superintendent’s  receipt  therefor. 

§  4.  The  said  warrants  issued  by  the  Auditor  of  Public  Accounts 
for  the  school  fund  tax,  and  for  the  interest  of  the  school  fund  proper 
and  surplus  revenue,  shall  be  received  by  the  State  Treasurer  in  pay¬ 
ment  of  amounts  due  the  State  from  county  collectors;  and  on  pre¬ 
sentation  by  the  State  Treasurer  of  said  warrants  to  said  Auditor,  he 
shall  issue  his  warrant  to  said  treasurer  of  the  school  fund,  for  the 
amount  of  the  school  fund  tax  warrants,  and  on  the  revenue  fund  for 
the  amount  of  the  warrants  for  interest  on  the  school  fund  proper 
and  surplus  revenue  Dividends  shall  be  made  as  aforesaid,  accord¬ 
ing  to  the  proportions  ascertained  to  be  due  to  each  county  annually, 
thereafter,  until  another  census  shall  have  been  taken,  and  then 
dividends  shall  be  made  and  continued  as  aforesaid,  according  to  the 
last  census. 

§  5.  If  any  collector  shall  fail  or  refuse  to  pay  the  amount  of  the 
aforesaid  Auditor’s  warrant,  or  any  part  thereof,  by  the  first  day  of 
March,  annually,  or  as  soon  thereafter  as  it  may  be  presented,  it  shall 
be  competent  for  the  county  superintendent  to  proceed  against  said 
collector  and  his  securities  in  an  action  of  debt,  in  any  court  having 
competent  jurisdiction,  and  the  said  collector  shall  pay  interest  at 
the  rate  of  twelve  per  centum  per  annum,  to  be  assessed  as  damages 
upon  the  amount  due,  and  which  interest  shall  be  included  in  the 
judgment  obtained  against  him:  Provided,  that  if  it  satisfactorily 
appears  to  the  court  that  on  said  first  day  of  March,  or  on  the  day  of 
presentation  for  payment  thereafter,  that  said  collector  had  not,  as 
yet,  collected  funds  sufficient  to  pay  said  warrant,  said  interest  shall 
not  be  allowed  upon  said  warrant. 

§  6.  All  bonds,  notes,  mortgages,  moneys  and  effects  wdiich  have 
heretofore  accrued  or  may  hereafter  accrue  from  the  sale  of  the  six¬ 
teenth  section  of  the  common  school  lands  of  any  township  or  county, 
or  from  the  sale  cf  any  real  estate  or  other  property  taken  on  any 
judgment  or  for  any  debt  due  to  the  principal  of  any  township  or 
county  fund,  and  all  other  funds  of  every  description  which  have 
been  or  may  hereafter  be  carried  to  and  made  part  of  the  principal  of 
any  township  or  county  fund,  by  any  law  which  has  heretofore  been, 
is  now  or  may  hereafter  be  enacted,  are  hereby  declared  to  be  and 
shall  forever  constitute  the  principal  of  the  township  or  county  fund, 
respectively;  and  no  part  thereof  shall  ever  be  distributed  or  ex¬ 
pended  for  any  purpose  whatever,  but  the  same  shall  be  loaned  out 
and  held  to  use,  rent  or  profit,  as  provided  by  law.  But  the  interest, 
rents,  issues  and  profits,  arising  and  accruing  from  the  principal  of 
said  township  or  county  fund,  shall  be  distributed  in  the  manner  and 
at  the  times  as  provided  by  this  act;  nor  shall  any  part  of  such  inter¬ 
est,  rents,  issues  and  profits  be  carried  to  the  principal  of  the  respect¬ 
ive  funds,  except  it  appear  on  the  first  Monday  in  October  in  any 
year,  that  there  is  rent,  interest  or  other  funds  on  hand  which  are 
not  required  for  distribution,  such  amount  not  required,  as  aforesaid, 
may,  if  the  board  of  trustees  see  proper,  forever  be  considered  as 
•principal  in  the  funds  to  which  it  belongs  and  loaned  as  such. 


72 


§  7.  School  funds  collected  from  special  taxes,  levied  by  order  of 
school  directors,  or  from  the  sale  of  property  belonging  to  any  dis¬ 
trict,  shall  be  paid  out  only  on  the  order  of  the  proper  board  of 
directors;  and  all  other  moneys  or  school  funds  liable  to  distribution, 
paid  into  the  township  treasury,  or  coming  into  the  hands  of  the 
township  treasurer,  shall,  after  said  funds  have  been  apportioned  by 
the  township  trustees,  as  required  in  section  26  of  article  III  of  this 
act,  be  paid  out  only  on  the  order  of  the  proper  board  of  directors, 
signed  by  the  president  and  clerk  of  said  board,  or  by  a  majority  of 
said  board.  For  all  payments  made,  receipts  shall  be  taken  and  filed 
by  said  board  of  directors. 

§  8.  In  all  such  orders  shall  be  stated  the  purpose  for  which  or 
on  what  account  drawn.  Said  orders  may  be  in  the  following  form, 
viz.: 

The  treasurer  of  township  No . ,  range  No . ,  in . county, 

will  pay  to . . . or  order,  . dollars  and . cents  (on  his  con¬ 

tract  for  repairing  school  house,  or  whatever  the  case  may  be.) 

By  order  of  the  board  of  directors  of  school  district  No . ,  in  said  town¬ 

ship. 

A.  B.,  President. 

C.  D.,  Clerk. 

Which  order,  together  with  the  receipt  of  the  person  to  whom 
paid,  shall  be  filed  in  the  office  of  the  township  treasurer:  Provided, 
that  when  an  order  is  paid  in  full,  such  order,  if  properly  endorsed 
by  the  person  in  whose  favor  it  was  drawn,  and  his  assigns,  if  any, 
shall  be  a  sufficient  receipt  for  the  purposes  of  this  section. 

§  9.  When  a  district  is  composed  of  parts  of  two  or  more  town¬ 
ships,  the  township  treasurer  or  treasurers  who  do  not  receive  the 
tax  money  of  said  district,  shall,  when  they  hold  any  funds  belonging 
to  said  district,  notify  the  directors  thereof  of  the  amount  of  such 
funds,  and  the  directors  shall  thereupon  give  the  treasurer  who  re¬ 
ceives  the  tax  money  of  said  district  an  order  for  such  funds,  and 
upon  receipt  thereof  he  shall  hold  them,  to  be  paid  out  as  aforesaid. 

§  10.  In  all  cases  where  school  funds  are  held  by  any  person  or 
persons  in  an  official  capacity,  by  virtue  of  any  special  charter 
defining  the  manner  of  loaning  the  same,  such  money  may  be  loaned 
upon  the  same  terms  and  conditions  as  are  provided  by  this  act,  or 
may  hereafter  be  provided,  by  the  school  laws  of  this  State,  for 
loaning  the  schoool  funds  of  counties  or  townships. 


73 

Article  XIII. 


SCHOOL  LANDS. 


%  t.  Section  sixteen. 

§  2.  Business  relating  to  school  lands; 
where  transacted. 

§  3.  Renting  and  sale  of  school  lands. 

§  4.  Right  of  way  and  depot  grounds  for 
use  of  railroads. 

§  5.  Trespass  on  school  land;  penalty. 

■§  6.  Trespasser  liable  to  indictment. 

3  7.  Penalties  and  fines  to  be  paid  to  town¬ 
ship  treasurer. 

i  8.  Petition  for  sale. 

§  9.  Fractional  township. 

§  10.  Divided  into  lots  by  trustees. 

'§  11.  Making  of  a  plat. 

§  12.  Size  of  lots,  roads  and  streets. 

k  13.  Valuation  plats  and  certificate  given 
to  county  superintendent. 

&  14.  Advertising  the  sale;  form  of  notiee. 


§  15.  Place  of  sale. 

§  16.  Terms  of  sale;  amount  of  bid  borrowed. 

§  17,  Manner  of  sale. 

§18.  Payment;  land  resold;  suit  instituted. 

§  19.  Unsold  land  afterwards  subject  to  sale. 

§  20.  Re-valuation  of  unsold  land;  no  peti¬ 
tion  required. 

§  21.  Certificate  of  purchase. 

§  22.  Statement  of  sales  by  county  superin¬ 
tendent. 

§  23.  Transcript  sent  to  Auditor. 

§  24.  Patents;  certificates  of  sale;  evidence 
of  sale. 

.§  25.  Duplicates  of  certificates  of  pui'chase. 

§  26.  Real  estate  taken  for  debt,  sold  by 
county  superintendent. 

§  27.  Trustees  may  dedicate  land  for  streets. 


Section  1.  Section  number  sixteen  (16)  in  every  township 
granted  to  the  State  by  the  United  States  for  the  use  of  schools,  and 
such  sections  and  parts  of  section  as  have  been  or  may  be  granted,  as 
aforesaid,  in  lieu  of  all  or  part  of  section  number  sixteen  (16) ,  and 
also  the  lands  which  have  been  or  may  be  selected  and  granted  as 
aforesaid,  for  the  use  of  schools,  to  the  inhabitants  of  fractional 
townships  in  which  there  is  no  section  number  sixteen  (16),  or 
where  such  section  shall  not  contain  the  proper  proportion  for  the 
use  of  schools  in  such  fractional  township,  shall  be  held  as  common 
school  lands;-  and  the  provisions  of  this  act  referring  to  common 
school  lands  shall  be  deemed  to  apply  to  the  lands  aforesaid. 

§  2.  All  the  business  of  such  townships,  so  far  as  relates  to  com¬ 
mon  school  lands,  shall  be  transacted  in  that  county  which  contains 
all  or  a  greater  portion  of  said  lands. 

§  3.  It  shall  be  lawful  for  the  trustees  of  schools  in  townships  in 
which  section  number  sixteen  (16),  or  any  other  lands  granted  in 
lieu  thereof,  remain  unsold  or  which  has  title  to  any  other  school 
lands  whatsoever,  to  rent  or  lease  the  same  for  an  annual  rent  to  be 
paid  in  money  to  the  treasurer,  by  a  written  contract  made  by  the 
president  and  clerk,  under  the  direction  of  the  board,  with  lessee  or 
lessees,  which  contract  shall  be  filed  with  the  records  of  the  board, 
and  a  copy  of  the  same  transmitted  to  the  county  superintendent. 
In  case  of  any  default  in  the  payment  of  the  rent,  the  said  board  of 
trustees  shall  at  once  proceed  to  collect  the  same  by  distress,  or 
otherwise,  as  may  be  provided  by  law  for  the  collection  of  rents  by 
landlords.  No  lease  taken  under  the  provisions  of  this  act,  shall  be 


74 


for  a  longer  period  than  five  years,  except  where  such  lands  are 
leased  for  the  purpose  of  having  permanent  improvements  made 
thereon,  as  may  be  the  case  in  cities  and  villages:  Provided ,  that 
the  provisions  of  this  section  shall  not  apply  to  cities  having  a  pop¬ 
ulation  of  over  one  hundred  thousand  (100,000)  inhabitants. 

§  4.  The  trustees  of  schools  of  any  township  concerned,  are 
hereby  authorized  and  empowered  in  their  corporate  capacity,  to  sell 
and  convey  to  any  railroad  company  which  may  construct  a  railroad 
across  any  of  the  public  school  lands  of  such  township,  the  right  of 
way  and  necessary  depot  grounds.  All  moneys  received  by  such 
trustees  for  any  right  of  way  or  depot  grounds  so  sold,  shall  be  turned 
over  by  such  trustees  to  the  township  treasurer  of  the  township  for 
the  benefit  of  the  township  school  fund. 

§  5.  If  any  person  shall,  without  being  duly  authorized,  cut,  felly 
box,  bore,  destroy  or  carry  away  any  tree,  sapling  or  log  standing  or 
being  upon  any  school  lands,  such  person  shall  forfeit  and  pay,  for 
every  tree,  sapling  or  log  so  felled,  boxed,  bored,  destroyed  or  carried 
away,  the  sum  of  eight  dollars  ($8) ,  which  penalty  shall  be  recovered 
with  costs  of  suit,  by  an  action  of  debt  or  assumpsit,  before  any 
justice  of  the  peace  having  jurisdiction  of  the  amount  claimed,  or 
in  the  county  or  circuit  court,  either  in  the  corporate  name  of  the 
board  of  trustees  of  the  township  to  which  the  land  belongs,  or  by 
qui  tarn  action  in  the  name  of  any  person  who  will  first  sue  for  the 
same,  one-half  of  the  judgment  for  the  use  of  the  person  suing  and 
the  other  half  for  the  use  of  the  township  aforesaid.  When  two  or 
more  persons  shall  be  concerned  in  the  same  trespass,  they  shall  be 
jointly  and  severally  liable  for  the  penalty  herein  imposed. 

§  6.  Every  trespasser  upon  common  school  lands,  shall  be  liable 
to  indictment,  and  upon  conviction  shall  be  fined  in  three  times  the 
amount  of  the  injury  occasioned  by  said  trespass,  and  shall  stand 
committed  as  in  other  cases  of  misdemeanor. 

§  7.  All  penalties  and  fines  collected  under  the  provisions  of  the 
foregoing  sections  shall  be  paid  to  the  township  treasurer,  and  be 
added  to  the  principal  of  the  township  fund. 

§  8.  When  the  inhabitants  of  any  township  or  fractional  town¬ 
ship  shall  desire  the  sale  of  the  common  school  lands  of  the  town¬ 
ship  or  fractional  township,  they  shall  present  a  petition  to  the  county 
superintendent  of  the  county  in  which  the  school  lands  of  the  town¬ 
ship,  or  the  greater  part  thereof,  lie,  for  the  sale  thereof;  which  peti¬ 
tion  shall  be  signed  by  at  least  two-thirds  of  the  legal  voters  of  the 
township,  or  fractional  township.  The  signing  of  the  petition  must  be 
done  in  the  presence  of  two  adult  citizens  of  the  township,  after  the  true 
meaning  and  purpose  thereof  have  been  explained;  and.  when  signed, 
an  affidavit  must  be  affixed  thereto  by  the  two  citizens  witnessing  the 
signing,  in  the  manner  aforesaid,  which  affidavit  shall  state  the  num¬ 
ber  of  inhabitants  in  the  township,  or  fractional  township,  of  and 
over  twenty-one  years  of  age,  and  said  petition,  so  proved,  shall  be 
delivered  to  the  county  superintendent  for  his  action  thereon:  Pro¬ 
vided,  no  whole  section  shall  be  sold  in  any  township  containing  less 
than  two  hundred  inhabitants;  and  common  school  lands  in  frac- 


tional  townships  may  be  sold  when  the  number  of  inhabitants  and 
the  number  of  acres  are  in  the  ratio  of  two  hundred  to  six  hundred 
and  forty,  but  not  before. 

§  9.  Any  fractional  township  not  having  the  requisite  number  of 
inhabitants  to  petition  for  the  sale  of  the  school  lands  therein,  as 
provided  in  section  8  of  this  article  of  this  act,  which  has  not  here¬ 
tofore  been  united  with  any  other  township,  for  school  purposes,  and 
which  does  not  contain  a  sufficient  number  of  inhabitants  to  main¬ 
tain  a  free  school,  is  hereby  attached  to  the  adjacent  congressional 
township  having  the  longest  territorial  line  bordering  on  such  frac¬ 
tional  township,  for  school  purposes,  and  all  the  provisions  of  this- 
act  shall  apply  to  such  united  townships,  the  same  as  though  they 
were  one  and  the  same  township. 

§  10.  When  the  petition  and  affidavits  are  delivered  to  the  county 
superintendent,  as  aforesaid,  he  shall  notify  the  trustees  of  said 
township  thereof,  and  said  trustees  shall  immediately  proceed  to  di¬ 
vide  the  land  into  tracts  or  lots,  of  such  form  and  quantity  as  will 
produce  the  largest  amount  of  money. 

§  11.  After  making  the  division  required  by  the  foregoing  sec¬ 
tion,  said  trustees  shall  cause  a  correct  plat  of  the  same  to  be  made, 
representing  all  divisions,  with  each  lot  numbered  and  defined,  so* 
that  its  boundaries  may  be  forever  ascertained. 

§  12.  In  subdividing  said  common  school  lands  for  sale,  no  lot 
shall  contain  more  than  80  acres,  and  the  division  may  be  made  into 
town  or  village  lots,  with  roads,  streets  or  alleys  between  them  and 
through  the  same;  and  all  such  divisions,  with  all  similar  divisions- 
hereafter  made,  are  hereby  declared  legal,  and  all  such  roads,  streets 
and  alleys,  public  highways. 

§  IB.  After  such  division  into  lots  has  been  made  and  platted, 
the  trustees  of  schools  shall  fix  a  value  on  each  lot,  having  regard  to 
the  terms  of  sale,  certify  to  the  correctness  of  the  plat,  stating  the 
value  of  each  lot  per  acre,  or  per  lot  if  less  than  one  acre,  and  re¬ 
ferring  to  and  describing  the  lot  in  the  certificate,  so  as  fully  and 
clearly  to  distinguish,  and  identify  each  lot;  which  plats  and  certifi¬ 
cate  shall  be  delivered  to  the  county  superintendent,  and  shall  gov¬ 
ern  him  in  advertising  and  selling  such  lands. 

§  14.  Upon  the  reception  by  the  county  superintendent  of  the 
plat  and  certificate  of  valuation  from  the  trustees,  he  shall  proceed 
to  advertise  the  said  land  for  sale  in  lots,  as  divided  and  laid 
off  by  said  trustees,  by  posting  notices  thereof  in  at  least  six  (6) 
public  places  in  the  county,  forty  days  before  the  day  of  sale,  de¬ 
scribing  the  land  and  stating  the  time,  place  and  terms  of  sale;  and 
if  any  newspaper  is  published  in  said  county,  said  advertisement 
shall  be  printed  therein  for  four  weeks  before  the  day  of  sale;  if  no 
newspaper  is  published  in  said  county,  then  such  land  may  be  sold 
under  the  notice  aforesaid,  which  notice  may  be  in  the  following 
form,  viz. : 


76 


SALE  OF  SCHOOL  LAND. 

Public  notice  is  hereby  given  that  on  the . day  of . , 

-A.  D.  18 . ,  between  the  hours  of  10  o’clock  a.  m.  and  6  o’clock  p.  m.,  the 

undersigned  superintendent  of  schools  of . county,  will  sell 

at  public  vendue  to  the  highest  bidder,  at  the . door  of  the  court 

house  in . . . ,  (or  on  the  premises)  the  following  described  real 

estate,  the  same  being  a  part  of  the  school  lands  of  township  No . ,  range 

No.  - ,  as  divided  and  platted  by  the  trustees  of  schools  of  said  township. 

to-wit:  (Here  insert  full  and  complete  description  of  said  premises  )  Said 
lands  will  be  sold  for  cash  in  hand,  with  the  privilege  to  any  purchaser  of 
borrowing  from  the  undersigned,  the  whole  or  any  part  of  the  amount  of  his 
bid,  for  not  less  than  one  nor  more  than  five  years,  upon  his  paying  interest 
and  giving  security,  as  required  in  case  of  a  loan  obtained  from  the  township 
school  fund. 

Dated  this  . . . day  of . ,  A.  D . 


County  Superintendent , 
. County. 

§  15.  The  place  of  selling  common  school  lands  shall  be  at  the 
court  house  of  the  county  in  which  the  lands  are  situated;  or  the 
trustees  of  schools  may  direct  the  sale  to  be  made  on  the  premises. 

§  16.  The  terms  of  selling  common  school  lands  shall  be  to  the 
highest  bidder  for  cash,  with  the  privilege  to  each  purchaser  of  bor¬ 
rowing  from  the  county  superintendent  the  amount  or  any  part  of 
the  amount  of  his  bid,  for  any  period  of  not  less  than  one  year  nor 
more  than  five  years,  upon  his  paying  interest  and  giving  security, 
as  in  case  of  money  loaned  by  a  township  treasurer  as  provided  in 
this  act. 

§  17.  Upon  the  day  appointed  for  such  sale,  the  county  superin¬ 
tendent  shall  proceed  to  make  sales  as  follows,  viz.:  He  shall  begin 
at  the  lowest  numbered  lot  and  proceed  regularly  to  the  highest  num¬ 
bered,  till  all  are  sold  or  offered.  No  lot  shall  be  sold  for  less  than 
its  valuation  by  the  trustees.  Said  sale  shall  be  made  between  the 
hours  of  10  o’clock  a.  m.  and  6  o’clock  p.  m.,  and  may  continue  from 
day  to  day.  The  lots  shall  be  cried  separately,  and  each  lot  cried 
long  enough  to  enable  any  person  present  to  bid  who  desires  to 
bid. 

§  18.  Upon  closing  the  sales  each  day,  the  purchasers  shall  each 
pay,  or  secure  the  payment  of  the  purchase  money,  according  to  the 
terms  of  sale;  or  in  case  of  his  failure  to  do  so  by  10  o’clock  the  suc¬ 
ceeding  day,  the  lot  purchased  shall  again  be  offered  at  public  sale, 
on  the  same  terms  as  before,  and  if  the  valuation  or  more  shall  be 
bid,  shall  be  stricken  off;  but  if  the  valuation  be  not  bid.  the  lot  shall 
be  set  down  as  not  sold.  If  the  sale  is  or  is  not  made,  the  former 
purchaser  shall  be  required  to  pay  the  difference  between  his  bid  and 
the  valuation  of  the  lot,  and  in  case  of  his  failing  to  make  such  pay¬ 
ment,  the  county  superintendent  may  forthwith  institute  an  action 
of  debt  or  assumpsit  in  his  name,  as  superintendent,  for  the  use  of 
the  inhabitants  of  the  township  where  the  land  lies,  for  the  required 
sum;  and  upon  making  proof,  shall  be  entitled  to  judgment,  with 
costs  of  suit;  which,  when  collected,  shall  be  added  to  the  principal 


77 


of  the  township  fund.  If  the  sum  claimed  does  not  exceed  two  hun¬ 
dred  dollars,  the  suit  may  be  commenced  before  a  justice  of  the  peace  p 
if  the  sum  demanded  exceeds  two  hundred  dollars,  then  suit  may  bo 
brought  in  the  circuit  court  of  any  county  wherein  the  party  may  be 
found. 

§  19.  All  lands  not  sold  at  public  sale,  as  herein  provided  for,  shall 
be  subject  to  sale  at  any  time  thereafter,  at  the  valuation;  and  the 
county  superintendents  are  authorized  and  required,  when  in  their 
power,  to  sell  all  such  lands  at  private  sale,  upon  the  terms  at  which 
they  were  offered  at  public  sale. 

§  20.  In  all  cases  where  common  school  lands  have  been  hereto¬ 
fore  valued,  and  have  remained  unsold  for  two  years,  after  having 
been  offered  for  sale,  or  shall  hereafter  remain  unsold  for  that  length 
,  of  time,  after  being  valued  and  offered  for  sale,  in  conformity  to  this 
act,  the  trustees  of  schools  where  such  lands  are  situated  may  vacate 
the  valuation  thereof  by  an  order  to  be  entered  in  book  A  of  tho 
county  superintendent,  and  cause  a  new  valuation  to  be  made,  if,  in 
their  opinion,  the  interests  of  the  township  will  be  promoted  thereby. 
They  shall  make  said  second  valuation  in  the  same  manner  as  the 
first  was  made,  and  shall  deliver  to  the  county  superintendent  a  plat 
of  such  second  valuation,  with  the  order  of  vacation,  to  be  entered, 
as  aforesaid;  whereupon,  said  county  superintendent  shall  proceed  to 
sell  said  lands  in  all  respects,  as  if  no  former  valuation  had  been 
made:  Provided,  that  the  second  valuation  may  be  made  by  the 
trustees  of  schools,  without  petition,  as  provided  in  this  act  for  the 
first  valuation. 

§  21.  Upon  the  completion  of  every  sale  by  the  purchaser,  the 
county  superintendent  shall  enter  the  same  in'  book  B,  and  shall  de¬ 
liver  to  the  purchaser  a  certificate  of  purchase,  stating  therein  the 
name  and  residence  of  the  purchaser,  describing  the  land  and  the 
price  paid  therefor,  which  certificate  shall  be  evidence  of  the  facts 
therein  stated. 

§  22.  At  the  first  regular  term  of  the  county  board  in  each  year, 
the  county  superintendent  shall  present  to  the  county  board  of  his 
county  a  statement  showing  the  sales  of  school  lands  made  subse¬ 
quent  to  the  first  regular  term  of  the  previous  year,  which  shall  be  a 
true  copy  of  the  sale  book  (book  B) . 

§  23.  The  county  superintendent  shall,  also,  at  the  time  afore¬ 
said,  transmit  to  the  Auditor  of  Public  Accounts,  a  full  and  exact 
transcript  from  book  B  of  all  the  sales  made  subsequent  to  each  re¬ 
port.  The  statement  required  to  be  presented  to  the  county  board 
shall  be  preserved  and  copied  by  the  clerk  of  said  board  into  a  well- 
bound  book  kept  for  that  purpose;  and  the  list  transmitted  to  the- 
Auditor  shall  be  filed,  copied  and  preserved  in  like  manner. 

§  24.  Every  purchaser  of  common-  school  lands  shall  be  entitled 
to  a  patent  from  the  State,  conveying  and  assuring  the  title. 
Patents  shall  be  made  out  by  the  Auditor,  from  returns  made  to  him 
by  the  county  superintendent.  They  shall  contain  a  description  of 
the  land  granted,  and  shall  be  in  the  name  of  and  signed  by  the- 


78 


Governor,  countersigned  by  the  Auditor,  with  the  great  seal  of  the 
State  affixed  thereto  by  the  Secretary  of  State,  and  shall  operate  to 
vest  in  the  purchaser  a  perfect  title  in  fee  simple.  When  patents 
are  executed  as  herein  required,  the  Auditor  shall  note  on  the  list  of 
sales  the  date  of  each  patent,  in  such  manner  as  to  perpetuate  the 
evidence  of  its  date  and  delivery,  and  thereupon  transmit  the  same 
to  the  county  superintendent  of  the  proper  county,  to  be  by  him  de¬ 
livered  to  the  patentee,  his  heirs  or  assigns,  upon  the  return  of  the 
original  certificate  of  purchase,  which  certificate,  when  returned, 
shall  be  filed  and  preserved  by  the  county  superintendent;  and  all 
such  patents,  heretofore  or  hereafter  so  issued,  by  the  State  for 
school  lands,  or  duly  certified  copies  thereof  from  any  record  legally 
made,  shalJ,  after  the  lapse  of  ten  years  from  the  date  of  such  patent, 
and  such  sale  having  been  acquiesced  in  for  ten  years  by  the  inhab¬ 
itants  of  the  township  in  which  the  land  so  conveyed  may  be  sit¬ 
uated,  be  conclusive  evidence  as  to  the  legality  of  the  sale,  and  that 
the  title  to  such  land  was,  at  the  date  of  the  patent,  legally  vested  in 
the  patentee. 

§  25.  Purchasers  of  common  school  lands,  and  their  heirs  and 
assigns,  may  obtain  duplicate  copies  of  their  certificates  of  purchase 
and  patents,  upon  filing  affidavit  with  the  county  superintendent  in 
respect  to  certificates,  and  with  the  Auditor  in  respect  to  patents, 
proving  the  loss  or  destruction  of  the  originals;  and  such  copies 
shall  have  the  force  and  effect  of  originals. 

§  26.  When  any  real  estate  shall  have  been  taken  for  any  debts 
due  to  any  school  fund,  the  title  to  which  real  estate  has  become 
vested  in  any  county  superintendent  for  the  use  of  the  inhabitants  of 
one  or  more  townships  or  of  the  county,  the  county  superintendent 
may  lease  or  sell  such  real  estate  for  the  benefit  of  such  township  or 
-townships,  or  of  the  county,  as  provided  in  section  37  of  Article  III 
of  this  act,  regulating  the  leasing  and  sales  of  lands  by  school  trus¬ 
tees:  Provided ,  that  in  case  the  real  estate  be  held  for  the  benefit  of 
any  township  or  townships,  it  shall  not  be  sold  except  upon  the 
written  request  of  the  school  trustees  of  said  township  or  townships. 
The  said  county  superintendent  is  hereby  authorized  to  execute  con¬ 
veyances  of  such  real  estate  to  the  purchasers  when  so  sold. 

§  27.  The  trustees  of  schools  in  any  township  are  hereby 
authorized  and  empowered,  in  their  corporate  capacity,  to  lay  out  and 
dedicate  to  the  public  use,  for  street  and  highway  purposes,  so  much 
of  the  common  school  lands,  which  is  unimproved  or  unoccupied 
with  buildings,  as  may  be  necessary  to  open  or  extend  any  street  or 
highway  which  may  be  ordered  opened  or  extended  by  the  municipal 
authorities,  which  are  by  law  empowered  to  open  or  extend  streets  or 
highways  in  the  territory  where  said  school  lands  are  located:  Pro¬ 
vided ,  that  said  trustees  of  schools  shall  be  of  the  opinion  that  the 
benefits  to  accrue  from  the  opening  or  extending  of  said  street  or 
highway,  to  the  remainder  of  said  common  school  lands,  will  com¬ 
pensate  for  the  strip  so  dedicated:  And,  provided  further,  that  it 
shall  not  be  lawful  for  any  street  or  other  railroad  to  lay  down  rail¬ 
road  tracks  on  any  strip  of  the  common  school  lands  so  dedicated,  or 


79 


nse  the  same  or  any  part  of  the  common  school  lands  for  railroad  or 
street  railroad  purposes,  except  upon  the  purchase  or  lease  of  the 
.same  from  the  proper  authorities,  or  upon  the  payment  to  the 
school  fund  of  said  township  of  the  value  of  such  use  or  land  taken, 
the  same  as  if  no  street  or  highway  had  been  laid  out  thereon,  to  be 
determined  by  proceedings  under  an  act  entitled  “An  act  to  provide 
for  the  exercise  of  the  right  of  eminent  domain,”  approved  April  10, 
.1872,  and  all  amendments  thereto:  And,  provided  further,  that  this 
section  shall  not  in  any  way  affect  existing  leases  or  contracts  for  the 
lease  or  purchase  of  common  school  lands. 


Article  XIV. 

FINES  AND  FORFEITURES. 

1.  Paid  to  county  superintendent. 

§  2.  Duties  of  state’s  attorneys. 

3  3.  Duties  of  justices  of  the  peace. 

•■§  4.  Repoi’t  of  fines;  affidavit;  penalty  for 
failure  to  report. 

Section  1.  All  fines,  penalties  and  forfeitures  imposed  or  incurred 
in  any  of  the  courts  of  record,  or  before  any  justice  of  the  peace  of 
the  State,  except  fines,  forfeitures  and  penalties  incurred  or  imposed 
in  incorporated  towns  or  cities  for  the  violation  of  the  by-law’s  or 
ordinances  thereof,  shall,  when  collected,  be  paid  to  the  county 
superintendent  of  schools  of  the  county  wherein  such  fines,  penal¬ 
ties  or  forfeitures  have  been  imposed  or  incurred,  and  the  said 
county  superintendent  of  schools  shall  give  his  receipt  therefor  to 
the  person  from  whom  such  fine,  forfeiture  or  penalty  wras  received. 
The  said  county  superintendent  shall  annually  distribute  such  fines, 
penalties  or  forfeitures  in  the  same  manner  as  the  common  school 
funds  of  the  State  are  distributed. 

§  2.  It  shall  be  the  duty  of  the  state’s  attorneys  of  the  several 
-counties  to  enforce  the  collection  of  all  fines,  forfeitures  and  penalties 
imposed  or  incurred  in  the  courts  of  record  of  their  respective  coun¬ 
ties,  and  to  pay  the  same  over  to  the  county  superintendent  of  the 
-county  wherein  the  same  have  been  imposed  or  incurred,  retaining 
therefrom  the  fees  and  commissions  allowed  them  by  law. 

§  3.  It  shall  be  the  duty  of  the  justices  of  the  peace  to  enforce 
the  collection  of  all  fines  imposed  by  them  by  any  lawful  means; 
and  when  collected  the  same  shall  be  paid  by  the  justice  collecting 
the  same  to  the  county  superintendent  of  the  county  in  which  the 
same  was  imposed. 

§  1.  Clerks  of  courts  of  record,  state’s  attorneys  and  all  jus¬ 
tices  of  the  peace  shall  report,  under  oath,  to  the  county  court  of 
their  respective  counties,  by  the  first  of  March  annually,  the  amount 
of  such  fines,  penalties  and  forfeitures  imposed  or  incurred  in  their 
respective  courts,  and  the  amount  of  such  fines,  forfeitures  and  pen¬ 
alties  collected  by  them,  giving  each  article  separately,  and  if  such 


i  5.  Penalty  tor  tailure  to  pay  over  fanes 
collected. 

§  6.  Power  of  the  county  court  to  examine 
records  of  delinquent  officers;  pen¬ 
alty  for  failure  to  furnish  papers,  etc. 


80 


officer  has  collected  no  such  fines,  penalties  or  forfeitures,  he  shall 
make  affidavit  to  such  fact,  and  file  the  same  with  the  county  super¬ 
intendent.  The  judges  of  the  county  court  shall  inspect  the  said 
reports,  and  may  hear  evidence  thereon,  and,  if  found  correct  and 
truthful,  shall  enter  an  order  approving  such  report,  and  that  any 
moneys  in  the  hands  of  such  officers  so  reporting  shall  be  paid  over 
to  the  superintendent  of  schools.  If  the  court  shall  not  approve  of 
such  report,  he  may  order  a  new  one  to  be  made,  and  upon  failure  to  com¬ 
ply  with  the  order  of  the  court,  or  to  make  a  satisfactory  report,  the 
court  may  state  an  account  and  enter  an  order  to  pay  over  as 
above  provided.  The  court,  for  all  purposes  for  carrying  out  the 
provisions  of  this  section,  shall  have  power  to  examine  books  and 
papers  as  provided  hereinafter  in  section  6  of  this  article,  and  shall 
have  power  to  issue  subpoenas  for  both  books  and  persons:  Pro¬ 
vided,  thbt  no  report  shall  be  approved  until  the  court  shall  have 
given  the  superintendent  five  (5)  days’  notice  of  the  same,  and  he 
shall  be  allowed  to  inspect  said  report,  and  he  shall  be  heard  by 
the  court  upon  the  same  if  he  desire;  and  the  officers  charged 
with  the  collection  thereof  (the  said  clerks,  state’s  attorneys  and 
justices  of  the  peace),  for  a  failure  to  make  such  a  report,  shall 
be  liable  to  a  fine  of  twenty-five  dollars  ($25)  for  each  offense,  said 
fine  to  be  recovered  in  a  civil  action,  before  any  court,  at  the  suit  of 
the  county  superintendent  of  schools  of  the  proper  county. 

§  5.  For  a  failure  to  pay  any  fine,  forfeiture  or  penalty,  on  de¬ 
mand,  to  the  person  who  is  by  law  authorized  to  receive  the  same, 
the  officer  or  person  having  collected  the  same,  or  having  the  same 
in  his  possession  or  control,  shall  forfeit  and  pay  double  the  amount 
of  such  fine,  penalty  or  forfeiture  as  aforesaid,  to  be  recovered  be¬ 
fore  any  court  having  jurisdiction  thereof,  in  a  qui  tam  action,  one- 
half  to  be  paid  the  informer,  and  one-half  to  the  school  fund  of  the 
proper  county. 

§  6.  In  case  that  any  clerk  of  a  court  of  record,  state’s  attorney 
or  justice  of  the  peace  shall  fail  to  make  the  report  provided  for  in 
section  4  of  this  article,  the  county  court  shall  have  power,  and  it  is 
hereby  made  the  duty  of  the  judge  of  said  court,  to  examine  all 
records  pertaining  to  the  office  of  such  delinquent  officer  and  enforce 
the  payment  of  whatever  sum  may  be  found  due  the  school  fund 
from  such  delinquent  officer.  For  the  purpose  of  making  such  ex¬ 
amination,  the  said  county  court  shall  have  the  right  to  call  for  any 
paper  or  papers,  docket,  fee-book  or  other  record  belonging  to  the 
office  of  such  delinquent  officer;  and  in  case  such  delinquent  officer 
fails  or  refuses  to  furnish  such  paper,  docket,  fee-book  or  other 
record  for  the  inspection  or  use  of  such  county,  he  shall  for¬ 
feit  and  pay  to  the  school  fund  the  sum  of  one  hundred  dollars 
($100) ,  to  be  recovered  in  an  action  of  debt  or  assumpsit,  before  any 
court  of  this  State  having  jurisdiction  of  the  actions  of  debt  and  as¬ 
sumpsit,  and  such  penalty,  when  collected,  shall  be  paid  into  the 
school  fund  of  the  proper  county.. 


81 


Article  XV. 


LIABILITY  OF  SCHOOL  OFFICERS. 


g  1.  Of  trustees  for  failure  to  take  action 
regarding  the  insufficiency  of  town¬ 
ship  securities. 

g  2.  Of  judges  of  election  for  failure  to  de¬ 
liver  poll-book  and  certificates. 

g  3.  Of  boards  of  directors  for  failure  to 
deliver  schedules. 

§  4.  Of  township  treasurer  for  failure  to 
perform  his  duties. 

g  5.  Of  the  bondsmen  or  legal  representa¬ 
tives  of  township  treasurer  to  turn 
over  bonds,  etc.,  to  successor. 

g  6.  Liable  to  indictment  and  imprison¬ 
ment  for  conversion  of  funds. 

g  7.  Trustees  liable  for  securities  of  town¬ 
ship  treasurer;  exception. 

Section  1.  Whenever  the  county  superintendent  of  schools  of 
any  county  shall  notify  the  board  of  trustees  of  any  township,  in 
writing,  that  the  notes,  bonds,  mortgages,  or  other  evidences  of  in¬ 
debtedness  which  have  been  taken  officially  by  the  township  treasurer, 
are  not  in  proper  form,  or  that  the  securities  which  the  said  town¬ 
ship  treasurer  has  taken  are  insufficient,  it  shall  be  the  duty  of  the 
said  board  of  trustees  at  once  to  take  such  action  as  may  be  neces¬ 
sary  to  save  and  protect  the  property  or  funds  of  the  districts  and 
the  township;  and  for  a  failure  or  refusal  to  take  such  action  within 
twenty  (20)  days  after  such  notice,  the  members  of. the  board,  each 
in  his  individual  capacity,  shall  be  liable  to  a  fine  of  not  less  than 
twenty-five  (25)  nor  more  than  one  hundred  dollars  ($100),  to  be  re¬ 
covered  before  any  justice  of  the  peace,  on  information,  in  the  name 
of  the  People  of  the  State  of  Illinois  (provided  such  insufficiency  is 
proven),  and,  when  collected,  the  said  fine  shall  be  paid  to  the  county 
superintendent  of  the  proper  county,  for  the  use  of  schools.  And 
the  payment  of  this  fine  shall  not  relieve  the  board  of  trustees  from 
any  civil  liability  they  may  have  incurred  from  such  neglect  of  duty. 

§  2.  If  the  judges  of  any  school  election  called  for  any  legal  pur¬ 
pose  shall  fail  or  neglect  to  deliver  a  copy  of  the  poll-book  of  any 
such  election,  with  a  certificate  thereon  showing  the  result  of  such 
election,  to  the  officer  provided  by  law  to  whom  such  return  shall  be 
made,  within  ten  days  after  such  election  shall  have  been  held,  the 
said  judges  of  election  shall  be  severally  liable  to  a  penalty  of  not 
less  than  twenty-five  dollars  ($25)  nor  more  than  one  hundred  dollars 
($100),  to  be  recovered  in  the  name  of  the  People  of  the  State  of 
Illinois,  by  an  action  of  debt  before  any  justice  of  the  peace  of  the 
county;  which  penalty,  when  collected,  shall  be  paid  into  the  school 
fund  of  the  township  in  which  such  election  was  held. 

—6 


g  8.  Real  estate  of  school  officers  holden. 

g  9.  Failure  of  trustees  to  make  returns  of 
children. 

g  10.  Failure  of  school  officers  to  furnish 
statistics. 

g  11.  School  officers  responsible  for  loss  of 
funds. 

g  12.  Forbidden  to  pervert  funds  to  secta¬ 
rian  purposes. 

g  13.  Interest  in  sale  of  school  books,  etc., 
forbidden. 

g  14.  Penalty  for  excluding  colored  children 
from  school. 


82 


§  3.  It  shall  be  the  duty  of  the  board  of  directors  of  every  school 
district  in  this  State,  to  deliver  to  the  township  treasurer  all  teachers’ 
schedules  made  and  certified  as  required  by  law,  and  covering  all 
time  taught  during  the  school  year  ending  June  30th,  on  or  before 
the  7th  day  of  July,  annually;  and  the  directors  shall  be  personally 
liable  to  the  district  for  any  and  all  loss  sustained  by  it  through 
their  failure  to  examine  and  deliver  to  the  said  township  treasurer  all 
such  schedules  wfithin  the  said  time. 

§  4.  For  any  failure  or  refusal  to  perform  all  the  duties  required 
of  the  township  treasurer  by  law,  he  shall  be  liable  to  the  board  of 
trustees,  upon  his  official  bond,  for  all  damages  sustained  by  reason 
of  such  failure  or  refusal,  to  be  recovered  by  action  of  debt  by  said 
board,  in  their  corporate  name,  for  the  use  of  the  proper  township, 
before  any  court  having  jurisdiction  of  the  amount  of  damages 
claimed;  but  if  the  said  treasurer,  in  any  such  failure  or  refusal, 
acted  under  and  in  conformity  to  a  requisition  or  order  of  said  board, 
or  a  majority  of  them,  entered  upon  their  journal  and  subscribed  by 
their  president  and  clerk,  then,  in  that  case,  the  members  of  said 
board  aforesaid,  or  those  of  them  voting  for  such  requisition  or  order 
aforesaid,  and  not  the  said  township  treasurer,  shall  be  liable,  jointly 
and  severally,  to  the  inhabitants  of  the  township  for  all  such 
damages,  to  be  recovered  by  an  action  of  assumpsit  in  a  suit  brought 
in  the  official  name  of  the  county  superintendent  of  schools,  for  the 
use  of  the  proper  township:  Provided ,  said  treasurer  shall  be  liable 
for  any  loss  not  collected  by  reason  of  the  insolvency  of  said  trustees. 

§  5.  When  a  township  treasurer  shall  resign  or  be  removed,  and 
at  the  expiration  of  his  term  of  office,  he  shad  pay  over  to  his  suc¬ 
cessor  in  office,  when  appointed,  all  money  on  hand,  and  deliver  over 
all  books,  notes,  bonds,  mortgages  and  all  other  securities  for  money, 
and  all  papers  and  documents  of  every  description  in  which  the  cor¬ 
poration  has  any  interest  whatever;  and  in  case  of  the  death  of  the 
township  treasurer,  his  securities  and  legal  representatives  shall  be 
bound  to  comply  with  the  requisitions  of  this  section  so  far  as  the 
said  securities  and  legal  representatives  may  have  the  power  so  to  do. 
And  for  any  failure  to  comply  with  the  requisitions  of  this  section, 
the  persons  neglecting  or  refusing  shall  be  liable  to  a  penalty  of  not 
less  than  ten  (10)  nor  more  than  one  hundred  dollars  ($100),  at  the 
discretion  of  the  court  before  which  judgment  may  be  obtained,  to 
be  recovered  in  an  action  of  debt  before  any  justice  of  the  peace,  for 
the  benefit  of  the  school  fund  of  such  township:  Provided,  that  the 
obtaining  or  payment  of  such  judgment  shall  in  no  wise  discharge  or 
diminish  the  obligation  of  the  persons  signing  the  official  bond  of 
such  township  treasurer. 

§  6.  If  any  county  superintendent,  trustee  of  schools,  township 
treasurer,  director  or  any  other  person  entrusted  with  the  care,  con¬ 
trol,  management  or  disposition  of  any  school,  college,  seminary  or 
township  fund  for  the  use  of  any  county,  township,  district  or  school, 
shall  convert  such  funds,  or  any  part  thereof,  to  his  own  use,  he  shall 
be  liable  to  indictment;  and,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  less  than  double  the  amount  of  money  converted  to 


83 


tiis  own  use,  and  imprisoned  in  the  county  jail  not  less  than  one  nor 
more  than  twelve  months,  at  the  discretion  of  the  court. 

§  7.  Trustees  of  schools  shall  be  liable,  jointly  and  severally,  for 
the  sufficiency  of  securities  taken  from  township  treasurers;  and  in 
•case  of  judgment  against  any  treasurer  and  his  securities  for  or  on 
account  of  any  default  of  such  treasurer  on  which  the  money  shall 
not  be  made  for  want  of  sufficient  property  whereon  to  levy  execu¬ 
tion,  action  on  the  case  may  be  maintained  against  said  trustees, 
jointly  and  severally,  and  the  amount  not  collected  on  said  judgment 
shall  be  recovered  with  costs  of  suit  from  such  trustees:  Provided , 
that  if  said  trustees  can  show,  satisfactorily,  that  the  security  taken 
from  the  treasurer,  as  aforesaid,  was,  at  the  time  of  said  taking,  good 
and  sufficient,  they  shall  not  be  liable  as  aforesaid. 

§  8.  The  real  estate  of  county  superintendents,  of  township  treas¬ 
urers,  and  all  other  school  officers,  and  of  the  securities  of  each  of 
them  shall  be  bound  for  the  satisfaction  and  payment  of  all  claims 
and  demands  against  said  superintendents  and  treasurers,  and  other 
school  officers  as  such  from  the  date  of  issuing  process  against  them, 
in  actions  or  suits  brought  to  recover  such  claims  or  demands  until 
satisfaction  thereof  be  obtained;  and  no  sale  or  alienation  of  real 
estate,  by  any  superintendent,  treasurer  or  other  officer  or  security 
aforesaid,  shall  defeat  the  lien  created  by  this  section;  but  all  and 
singular  such  real  estate  held,  owned  or  claimed,  as  aforesaid,  shall 
be  liable  to  be  sold  in  satisfaction  of  any  judgment  which  may  be  ob¬ 
tained  in  such  actions  or  suits. 

§  9.  Trustees  of  schools,  or  either  of  them,  failing  or  refusing  to 
make  returns  of  children  in  their  township  according  to  the  provi¬ 
sions  of  this  act,  or  if  either  of  them  shall  knowingly  make  a  false 
return,  the  party  so  offending  shall  be  liable  to  a  penalty  of  not  less 
than  ten  dollars  ($10)  nor  more  than  one  hundred  dollars  ($100) ,  to 
be  recovered  by  an  action  of  assumpsit,  before  any  justice  of  the 
peace  of  the  county;  which  penalty,  when  collected,  shall  be  added 
to  the  township  school  fund  of  the  township  in  which  said  trustees 
reside. 

§  10.  If  any  county  superintendent,  director  or  trustee,  or  either 
of  them,  or  other  officer  whose  duty  it  is,  shall  negligently  or  wil¬ 
fully  fail  or  refuse  to  make,  furnish  or  communicate  the  statistics 
and  information,  or  shall  fail  to  discharge  the  duties  enjoined  upon 
them  or  either  of  them,  at  the  time  and  in  the  manner  required  by 
the  provisions  of  this  act,  such  delinquent  or  party  offending  shall  be 
liable  to  a  fine  of  not  less  than  twenty-five  dollars  ($25) ,  to  be  recov¬ 
ered  before  any  justice  of  the  peace  at  the  suit  of  any  person,  on  in¬ 
formation  in  the  name  of  the  People  of  the  State  of  Illinois,  and, 
when  collected,  the  said  fine  shall  be  paid  to  the  county  superintend¬ 
ent  of  the  proper  county  for  the  use  of  the  school  fund. 

§  11.  County  superintendents,  trustees  of  schools,  directors  and 
township  treasurers,  or  either  of  them,  or  any  other  officer  having 
charge  of  school  funds  or  property,  shall  be  pecuniarily  responsible 
for  all  losses  sustained  by  any  county,  township  or  school  fund,  by 
reason  of  any  failure  on  his  or  their  part  to  perform  the  duties  re- 


84 


quired  of  him  or  them  by  the  provisions  of  this  act;  or  by  any  rulo 
or  regulation  authorized  to  be  made  by  the  provisions  of  this  act;  and 
each  and  every  one  of  the  officers  aforesaid  shall  be  liable  for  any 
such  loss  sustained  as  aforesaid,  and  the  amount  of  such  loss  may  be 
recovered  in  a  civil  action  brought  in  any  court  having  jurisdiction 
thereof,  at  the  suit  of  the  State  of  Illinois,  for  the  use  of  the  county, 
township  or  fund  injured;  the  amount  of  the  judgment  obtained  in 
such  suit  shall,  when  collected,  be  paid  to  the  proper  officer  for  the 
benefit  of  the  said  county,  township  or  fund  injured. 

§  12.  No  county,  city,  town,  towmship,  school  district  or  other 
public  corporation  shall  ever  make  any  appropriation,  or  pay  from 
any  school  fund  whatever,  anything  in  aid  of  any  church  or  sectarian 
purpose,  or  help  support  or  sustain  any  school,  academy,  seminary, 
college,  university  or  other  literary  or  scientific  institution  con¬ 
trolled  by  any  church  or  sectarian  denomination  whatever;  nor  shall 
any  grant  or  donation  of  money,  or  other  personal  property,  ever  be 
made  by  any  such  corporation  to  any  church  or  for  any  sectarian  pur¬ 
pose;  and  any  officer  or  other  person  having  under  his  charge  or 
direction  school  funds  or  property,  who  shall  pervert  the  same  in  the 
manner  forbidden  in  this  section,  shall  be  liable  to  indictment,  and 
upon  conviction  thereof,  shall  be  fined  in  a  sum  not  less  than  doublo 
the  value  of  the  property  so  perverted,  and  imprisoned  in  the  county 
jail  not  less  than  one  (1)  nor  more  than  twelve  (12)  months,  at  the 
discretion  of  the  court. 

§  13.  No  teacher,  state,  county,  township  or  district  school  officer 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book,  appa¬ 
ratus  or  furniture  used,  or  to  be  used,  in  any  school  in  this  State 
with  which  such  officer  or  teacher  may  be  connected;  and  for  offend¬ 
ing  against  the  provisions  of  this  section  such  teacher,  state,  county, 
township  or  district  school  officer  shall  be  liable  to  indictment,  and 
upon  conviction  shall  be  fined  in  a  sum  not  less  th-an  twenty-five  dol¬ 
lars  ($25)  nor  more  than  five  hundred  dollars  ($500),  and  may  be 
imprisoned  in  the  county  jail  not  less  than  one  (1)  month  nor  more 
than  twelve  (12)  months,  at  the  discretion  of  the  court. 

§  14.  Any  school  officer  or  officers,  or  any  other  person,  who  shall 
exclude  or  aid  in  the  exclusion  from  the  public  schools,  of  any  child 
who  is  entitled  to  the  benefits  of  such  school,  on  account  of  such 
child’s  color,  shall  be  fined,  upon  conviction,  in  any  sum  not  less 
than  five  dollars  ($5)  nor  more  than  one  hundred  dollars  ($1UU) 
each,  for  every  such  offense. 


85 


Article  XV  I 
MISCELLANEOUS. 


i  1.  Cost  of  suits  not  to  be  charged  to 
school  fund. 

,■  \  2.  Eligibility  of  women  to  school  offices. 

'  g  3.  Bonds  of  women  holding  school  offices. 

I 

I  g  4.  Colored  children  may  not  be  excluded 
f  om  school. 

rg  5.  Penalty  for  preventing  children  from 
attending  school. 

ji  ;g  6.  Payment  of  funds  to  township  treas¬ 
urer. 

;  -.g  7.  Reports  and  rate  of  taxation  under 
special  charters. 


g  8.  Educational  institutions  to  report  to 
State  Superintendent. 

g  9.  Judgments  and  executions  against 
boards  of  trustees  and  directors. 

§  10.  No  compensation  allowed  to  trustees, 
directors,  etc.;  exemption  from  road 
labor,  etc. 

g  11.  School  officers  to  hold  until  their  sue 
cessors  are  qualified. 

g  12.  Former  acts  repealed. 

g  13.  Emergency  clause. 


Section  1.  No  justice  of  the  peace,  constable,  clerk  of  any 
court,  sheriff  or  coroner  shall  charge  any  costs  in  any  suit  where  any 
school  officer,  school  corporation  or  any  agent  of  any  school  fund, 
suing  for  the  recovery  of  the  same,  or  any  interest  due  thereon,  is 
plaintiff  and  shall  be  unsuccessful  in  such  suit;  nor  where  the  costs 
can  not  be  recovered  from  the  defendant  by  reason  of  the  insolvency 
of  such  defendant. 


§  2.  Any  woman,  married  or  single,  of  the  age  of  twenty-one 
years  and  upwards,  and  possessing  the  qualifications  prescribed  for 
the  office,  shall  be  eligible  to  any  office  under  the  general  or  special 
school  laws  of  this  State. 

§  3.  Any  woman  elected  or  appointed  to  any  office  under  the 
provisions  of  this  act,  before  she  enters  upon  the  discharge  of  the 
duties  of  the  office,  shall  qualify  and  give  the  bond  required  by  law7 
(if  a  bond  is  required) ,  and  such  bond  shall  be  binding  upon  her 
and  her  securities. 


§  4.  All  boards  of  school  directors,  boards  of  education  or  school 
officers,  wffiose  duty  it  now  is,  or  may  be  hereafter  to  provide,  in 
their  respective  jurisdictions,  schools  for  the  education  of  all  chil-  » 
dren  between  the  ages  of  six  and  twenty-one  years,  are  prohibited 
from  the  excluding,  directly  or  indirectly,  any  such  child  from  such 
school  on  account  of  the  color  of  such  child. 


§  5.  Any  person  who  shall,  by  threats,  menace  or  intimidation, 
prevent  any  child  entitled  to  attend  a  public  school  in  this  State 
from  attending  such  school  shall,  upon  conviction,  be  fined  in  any 
sum  not  exceeding  twenty-five  dollars  ($25.00) . 

§  6.  It  shall  be  the  duty  of  the  county  treasurers,  county  super¬ 
intendents  of  schools,  township  collectors,  and  all  other  persons  pay¬ 
ing  money  into  the  hands  of  township  school  treasurers  for  school 
purposes,  on  or  before  the  30th  day  of  September  of  each  year,  to 
notify  in  waiting  the  presidents  of  boards  of  school  trustees  and  the 
clerks  of  the  boards  of  school  directors  of  the  amount  paid  into  the 
township  treasurer’s  hands  and  the  date  of  payment. 


86 


§  7.  This  act  shall  not  be  so  construed  as  to  repeal  or  change,  in 
any  respect,  any  special  acts  in  relation  to  schools  in  cities  having- 
less  than  100,000  inhabitants,  or  incorporated  towns,  townships  or 
districts  (except  that  in  every  such  city,  town,  township  or  district 
the  limit  of  taxation  for  educational  and  building  purposes  shall  bo 
the  same  as  that  fixed  in  section  one,  article  eight,  of  this  act) ;  and 
except  that  it  shall  be  the  duty  of  the  several  boards  of  education  or 
other  officers  of  any  city  or  incorporated  town,  township  or  district,, 
having  in  charge  schools  under  the  provision  of  any  of  said  special 
acts,  or  of  any  ordinance  of  any  city  or  incorporated  town,  on  or  be¬ 
fore  the  15tli  day  of  July  preceding  each  session  of  the  General  As¬ 
sembly  of  this  State,  or  annually,  if  required  so  to  do  by  the  State 
Superintendent  of  Public  Instruction,  to  make  out  and  render  a 
statement  of  all  such  statistics  and  other  information  in  regard  to 
schools  and  the  enumeration  of  persons,  as  is  required  to  be  commun¬ 
icated  by  township  boards  of  trustees  or  directors,  under  the  pro¬ 
visions  of  this  act,  or  so  much  thereof  as  may  be  applicable  to  said 
city  or  incorporated  town,  to  the  county  superintendent  of  the  county 
where  such  city  or  incorporated  town  is  situated,  or  of  the  county 
in  which  the  larger  part  of  such  city  or  incorporated  town  is  sit¬ 
uated;  nor  shall  it  be  lawful  for  the  county  superintendent,  or  any 
other  officer  or  person  to  pay  over  any  portion  of  the  common 
school  fund  to  any  local  treasurer,  school  agent,  clerk,  board  of  edu¬ 
cation,  or  other  officer  or  person  of  any  township,  city  or  incorpor¬ 
ated  town,  unless  a  report  of  the  number  of  persons  and  other  sta¬ 
tistics  relative  to  schools,  and  a  statement  of  such  other  information 
as  is  required  by  the  board  of  trustees  or  of  directors,  as  aforesaid, 
and  of  othe..*  school  officers  and  teachers,  under  the  provisions  of 
this  act,  shall  have  been  filed  at  the  time  or  times  aforesaid,  specified 
in  this  section,  with  the  superintendent  of  the  proper  county,  as 
aforesaid.  [As  amended  by  act  approved  and  in  force  March  31, 
1891. 

§  8.  It  shall  be  the  duty  of  the  president,  principal,  or  other 
proper  officer  of  every  organized  university,  college,  seminary,  acade¬ 
my,  or  other  literary  institution,  heretofore  incorporated,  or  hereaf¬ 
ter  to  be  incorporated  in  this  State,  to  make  out,  or  cause  to  be  made- 
out  and  forwarded  to  the  office  of  the  State  Superintendent  of  Pub¬ 
lic  Instruction,  on  or  before  the  first  day  of  August  in  each  year,  a 
report  setting  forth  the  amount  and  estimated  value  of  real  estate 
owned  by  the  corporation,  the  amount  of  other  funds  and  endow¬ 
ments,  and  the  yearly  income  from  all  sources,  the  number  of  in¬ 
structors,  the  number  of  students  in  the  different  classes,  the  studies 
pursued  and  the  books  used,  the  course  of  instruction,  the  terms  of 
tuition,  and  such  other  matters  as  may  be  specially  requested  by 
Said  Superintendent,  or  as  may  be  deemed  proper  by  the  president 
or  principal  of  such  institution  to  enable  the  Superintendent  of 
Public  Instruction  to  lay  before  the  Legislature  a  fair  and  full  ex¬ 
hibit  of  the  affairs  and  conditions  of  said  institutions,  and  of  the 
educational  resources  of  the  State. 

§  9.  If  judgment  shall  be  obtained  against  any  township  board 
of  trustees  or  school  directors,  the  party  entitled  to  the  benefit  of 


such  judgment  may  have  execution  therefor,  as  follows,  to-wit:  It 
shall  be  lawful  for  the  court  in  which  such  judgment  shall  be  ob¬ 
tained,  or  to  which  such  judgment  may  be  removed  by  transcript  or 
appeal  from  a  justice  of  the  peace,  or  other  court,  to  issue  thence  a 
writ  commanding  the  directors,  trustees  and  treasurer  of  such  town¬ 
ship,  to  cause  the  amount  thereof,  with  interest  and  costs,  to  be  paid 
to  the  party  entitled  to  the  benefit  of  such  judgment;  out  of  any 
moneys  unappropriated  of  said  township  or  district,  or  if  there  be  no 
such  moneys,  out  of  the  first  moneys  applicable  to  the  payment  of 
the  kind  of  services  or  indebtedness  for  whiph  such  judgment  shall 
be  obtained,  which  shall  be  received  for  the  use  of  such  township  or 
district,  and  to  enforce  obedience  to  such  writ  by  attachment,  or  by 
mandamus,  requiring  such  board  to  levy  a  tax  for  the  payment  of 
such  judgment;  and  all  legal  processes,  as  well  as  wTrits  to  enforce 
payment,  shall  be  served  either  on  the  president  or  clerk  of  the 
board. 

§  10.  Trustees  of  schools,  school  directors,  members  of  boards  of 
education,  or  other  school  officers  performing  like  duties,  shall  re¬ 
ceive  no  pecuniary  compensation,  but  they  shall  be  exempt  from 
road  labor  and  military  duty  during  their  term  of  office. 

§  11.  All  school  officers  elected  in  pursuance  of  any  general  law 
now  in  force  shall  hold  their  respective  offices  until  their  suc¬ 
cessors  are  elected  and  qualified  under  the  provisions  of  this  act. 

§  12.  “An  act  to  establish  and  maintain  a  system  of  free  schools,” 
approved  April  1,  1872;  “An  act  to  X->rotect  colored  children  in  their 
rights  to  attend  public  schools,”  approved  March  24,  1874;  “An  act 
to  amend  section  fifty  (50)  of  an  act  entitled  ‘An  act  to  establish 
and  maintain  a  system  of  free  schools,  approved  April  1,  1872,” 
approved  March  30,  1874;  “An  act  to  amend  sections  24  and  33  of 
an  act  entitled  ‘An  act  to  establish  and  maintain  a  system  of 
free  schools,’  approved  April  1,  1872,”  approved  May  23,  1877; 
“An  act  to  amend  section  47  of  an  act  to  establish  and  maintain 
a  system  of  free  schools,  approved  April  1,  1872,”  approved  May 
11,  1877;  “An  act  regulating  the  renting  and  sale  of  school 
lands,”  approved  May  25,  1877;  “An  act  to  amend  section  33  of 
an  act  entitled  ‘An  act  to  amend  sections  24  and  S3  of  an  act 
entitled  ‘An  act  to  establish  and  maintain  a  system  of  free 
schools,”’  approved  April  1,  1872,  approved  May  23,  187/,  in  force 
July  1,  1877,”  approved  May  31,  1879;  “An  act  to  amend  an  act  enti¬ 
tled  ‘An  act  to  establish  and  maintain  a  system  of  free  schools,’  ap¬ 
proved  April  1,  1872,  and  section  forty-seven  (47)  of  said  act  as 
amended  by  an  act  approved  May  11,  1877,”  approved  June  3,  1879; 
“An  act  to  amend  sections  eleven  (11),  twenty-seven  (27),  thirty- 
three  (33),  thirty-four  (34),  forty-eight  (48),  fifty-three  (53),  fifty- 
four  (54)  and  fifty-seven  (57)  of  an  act  entitled  ‘An  act  to  establish 
and  maintain  a  system  of  free  schools,’  approved  April  1,  1872,  and 
in  force  July  1,  1872,  and  amended  by  an  act  approved  June  3,  1879, 
and  in  force  July  1.  1879,”  approved  May  31,  1881;  “An  act  to  amend 
section  fifty-one  (51)  of  an  act  entitled ‘An  act  to  establish  and  main¬ 
tain  a  system  of  free  schools,’  approved  April  1,  1872.  in  force  July 
1,  1872,  and  amended  by  an  act  approved  June  3,  1879,  in  force  July 


88 


1,  1879,”  approved  June  23,  1883;  “An  act  regulating  the  loaning  of 
school  funds,”  approved  and  in  force  March  20,  1883;  “An  act  to 
amend  sections  thirteen  (13),  twenty  (20)  and  seventy-one  (71)  of 
an  act  entitled  ‘An  act  to  establish  and  maintain  a  system  of  free 
schools,’  approved  April  1,  1872,  and  in  force  July  1,  1872,  and 
amended  by  an  act  approved  June  3,  1879,”  approved  June  26,  1885; 
“An  act  to  amend  sections  fifty-seven  (57)  and  fifty-eight  (58)  of  an 
act  entitled  ‘An  act  to  establish  and  maintain  a  system  of  free  schools,’ 
approved  April  1,  1872,  and  amended  by  an  act  approved  April  1, 
1872,  and  amended  by  an  act  approved  June  3,  1879,  and  in  force 
July  1,  1879,  and  further  amended  by  an  act  approved  May  31,  1881, 
and  in  force  July  ] ,  1881,”  approved  June  30, 1885;  “An  act  to  amend 
section  one  (1)  of  an  act  entitled  ‘An  act  regulating  the  renting  and 
sale  of  school  lands,’  approved  May  25,  1877,  in  force  July  1,  1817,” 
approved  June  29,  1885;  “An  act  to  amend  section  thirty-three  (33) 
of  an  act  entitled  ‘An  act  to  establish  and  maintain  a  system  of  free 
schools,’  approved  April  1,  1872,  in  force  July  1,  1872,  as  amended  by 
an  act  approved  May  23,  1877,  in  force  July  1,  1877,  as  amended  by 
act  approved  June  3,  1879,  in  force  July  1,  1879,  as  amended  by  act 
approved  May  31,  1881,  in  force  July  1, 1881,”  approved  June  4, 1877; 
“An  act  to  provide  for  the  election  of  presidents  of  boards  of  educa¬ 
tion  in  school  districts,”  approved  June  17. 1887;  “An  act  to  empower 
trustees  of  schools  to  lay  out  and  dedicate  common  school  lands  for 
street  and  highway  purposes,”  approved  June  3,  1887;  “An  act  to 
regulate  the  attendance  of  teachers  upon  teachers’  institutes,”  ap¬ 
proved  June  14,  1887;  “'An  act  to  empower  township  trustees  to  sell 
and  convey  right  of  way  and  depot  grounds  for  the  use  of  railroads 
crossing  school  lands,”  approved  April  13,  1875;  “An  act  to  regulate 
the  payment  of  moneys  into  the  hands  of  township  school  treasur¬ 
ers,”  approved  May  30,  1881;  and  all  other  acts  and  parts  of  acts  in¬ 
consistent  with  this  act,  and  all  general  school  laws  in  this  State,  are 
hereby  repealed. 

§  13.  Whereas,  An  emergency  exists,  requiring  this  act  to  take 
immediate  effect,  therefore  be  it  enacted  that  this  act  shall  take  effect 
from  and  after  its  passage. 

Approved  May  21,  1889. 


89 


ADDITIONAL  FACTS  PERTAINING  TO  THE  PUBLIC 
SCHOOLS  AND  TO  SCHOOL  OFFICERS. 

MEMBERS  OF  THE  BOARD  OF  EDUCATION  APPOINTED. 

An  Act  to  provide  for  the  appointment  of  School  Directors  and 
members  of  the  Board  of  Education,  in  certain  cases,  approved 
May  29, 1879.,  in  force  July  1,  1879. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  in  all  cases  whereby 
[where,  by]  the  provisions  of  any  general  or*  special  law  of  this 
State  heretofore  passed,  the  members  of  the  common  council  of  any 
city  having  been  made  ex  officio  school  directors,  or  members  of  the 
board  of  education  in  and  for  the  school  district  of  which  the  said 
city  shall  constitute  the  whole  or  a  part,  the  said  school  directors  or 
members  of  the  board  of  education  shall  hereafter  be  appointed  as 
hereinafter  provided. 

§  2.  It  shall  be  the  duty  of  the  mayor  of  said  city,  at  the  first 
regular  meeting  of  the  city  council  after  each  annual  municipal  elec¬ 
tion,  and  after  his  installation  into  office,  to  nominate  and  place  be¬ 
fore  the  council,  for  confirmation  as  school  directors  or  members  of 
the  board  of  education,  as  the  case  may  be,  one  person  from  each 
ward  of  said  city  to  serve  for  two  years,  and  one  person  from  the  city 
at  large  to  serve  for  one  year,  and  if  the  persons  so  appointed  shall 
be  confirmed  by  a  majority  vote  of  the  city  council,  to  be  entered  of 
record,  the  persons  so  appointed,  together  with  such  persons  thereto¬ 
fore  appointed  under  the  provisions  of  the  act,  to  which  this  is  an 
amendment,  whose  terms  of  service  shall  not  expire  within  one  year, 
shall  constitute  the  board  of  education  or  School  directors  for  such 
district:  Provided,  that  the  person  appointed  from  the  city  at  largo 
for  one  year  shall  be  president  of  said  board  of  education  or  school 
directors,  but  shall  have  no  vote  in  said  board  excepting  in  case  of  a 
tie:  And,  provided  further,  that  the  term  of  office  of  all  persons 

heretofore  appointed  under  the  provisions  of  the  act  to  which  this  is 
an  amendment,  whose  term  of  office  expires  within  one  year,  shall 
terminate  at  the  first  regular  meeting  of  the  city  council  after  the 
annual  meeting,  and  upon  the  appointment  and  confirmation  of  their 
successors.  [As  amended  by  act  approved  and  in  force  May  28,  1889. 

§  3.  The  said  persons  shall,  as  soon  as  practicable  after  their  ap¬ 
pointment,  organize  by  electing  one  of  their  number  secretary,  who 
shall  hold  his  office  for  one  year.  All  rights,  powers  and  duties  here- 


90 


tofore  exercised  by  and  devolved  upon  the  members  of  the  city  coun¬ 
cil,  as  ex  officio  members  of  the  board  of  education,  or  school  direc¬ 
tors,  shall  devolve  upon  and  be  exercised  by  the  members  of  the- 
board  of  education  and  school  directors  appointed  under  the  pro¬ 
visions  of  this  act.  [As  amended  by  act  approved  and  in  force  May 
28,  1889. 

§  4.  In  all  school  districts  to  which  this  act  shall  apply  the  boards- 
of  education  or  school  directors  shall  annually,  before  the  first  day 
of  August,  certify  to  the  city  council,  under  the  hands  and  seals  of 
the  president  and  secretary  of  the  board,  the  amount  of  money  re¬ 
quired  to  be  raised  by  taxation  for  school  purposes  in  said  district 
for  the  ensuing  year,  and  the  said  city  council  shall  thereupon  cause 
the  said  amount  to  be  levied  and  collected  in  the  same  manner  now 
provided  by  law  for  the  levy  and  collection  of  taxes  for  school  pur¬ 
poses  in  such  district,  but  the  amount  to  be  so  levied  and  collected 
shall  not  exceed  the  amount  now  allowed  to  be  collected  for  school 
purposes  by  the  general  school  laws  of  this  State;  and  when  such 
taxes  have  been  collected  and  paid  over  to  the  treasurer  of  such  city 
or  school  district,  as  may  be  provided  by  the  terms  of  the  act  under 
which  such  district  Iras  been  organized,  such  funds  shall  be  paid  out 
only  on  the  order  of  the  board  of  education  or  the  school  directors, 
signed  by  the  president  and  secretary  of  such  board. 

Approved  May  29,  1879. 


REQUIRING  AND  REGULATING  THE  STUDY  OF  PHYSIOLOGY  AND 

HYGIENE. 

I  1.  Teaching  effects  of  alcoholic  drinks,  j  §  2.  Instruction  to  be  given  in  normal 
etc.  schools,  institutes,  etc. 

An  Act  to  amend  “An  act  relating  to  the  study  of  'physiology  and 
hygiene  in  the  'public  schools  A  approved  June  1,  1889,  in  force 
July  1,  1889.  Approved  June  9,  L897,  in  force  July  1,  1897. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly :  That  <;An  act  relating  to 
the  study  of  physiology  and  hygiene  in  the  public  schools,”  ap¬ 
proved  June  1,  1889,  in  force  July  1,  1889,  be  amended  so  as  to  read 
as  follows: 

That  the  nature  of  alcoholic  drinks  and  other  narcotics  and  their 
effects  on  the  human  system  shall  be  taught  in  connection  with  the 
various  divisions  of  physiology  and  hygiene  as  thoroughly  as  aro 
other  branches  in  all  schools  under  State  control,  or  supported  wholly 
or  in  part  by  public  money,  and  also  in  all  schools  connected  with 
reformatory  institutions. 

All  pupils  in  the  above  mentioned  schools  below  the  second  year 
of  the  high  schools  a  ad  abo  ve  the  third  year  of  school  work,  comput¬ 
ing  from  the  beginning  of  the  lowest  primary  year,  or  in  correspond¬ 
ing  classes  of  ungraded  schools,  shall  be  taught  and  shall  study  this 


91 


subject  every  year  from  suitable  text-books  in  the  hands  of  all 
pupils,  for  not  less  than  four  lessons  a  week  for  ten  or  more  weeks  of 
each  year,  and  must  pass  the  same  tests  in  this  as  in  other  studies. 

In  all  schools  above  mentioned  all  pupils  in  the  lowest  three  pri¬ 
mary  school  years,  or  in  corresponding  classes  in  ungraded  schools, 
shall  each  year  be  instructed  in  this  subject  orally  for  not  less  than 
three  lessons  a  week  for  ten  weeks  in  each  year,  by  teachers  using 
text-books  adapted  for  such  oral  instruction  as  a  guide  and  standard. 

The  local  school  authorities  shall  provide  needed  facilities  and 
definite  time  and  place  for  this  branch  in  the  regular  course  of  study, 

The  text-books  in  the  pupils’  hands  shall  be  graded  to  the  capaci¬ 
ties  of  the  fourth  year,  intermediate,  grammar  and  high  school 
pupils,  or  to  corresponding  classes  as  found  in  ungraded  schools. 

For  students  below  high  school  grade  such  text-books  shall  give  at 
least  one-fifth  their  space,  and  for  students  of  high  school  grade  shall 
give  not  less  than  twenty  pages  to  the  nature  and  effects  of  alcoholic 
drinks  and  other  narcotics.  The  pages  on  this  subject,  in  a  separate 
chapter  at  the  end  of  the  book,  shall  not  be  counted  in  determining 
the  minimum. 

§  2.  In  all  normal  schools,  teachers’  training  classes  and  teach¬ 
ers’  institutes,  adequate  time  and  attention  shall  be  given  to  in¬ 
struction  in  the  best  methods  of  teaching  this  branch,  and  no  teacher 
shall  be  licensed  who  has  not  passed  a  satisfactory  examination  in 
this  subject  and  the  best  methods  of  teaching  it. 

Any  school  officer  or  officers  who  shall  neglect  or  fail  to  comply 
with  the  provisions  of  this  act  shall  forfeit  and  pay  for  each  offense 
the  sum  of  not  less  than  five  dollars  nor  more  than  twenty-five  dol¬ 
lars. 


COMPENSATION  OF  JUDGES  AND  CLERKS  OF  ELECTION  IN  CERTAIN 

CASES  * 

An  Act  to  provide  for  the  compensation  of  judges  and  clerks  of 
election  at  elections  at  which  trustees  of  schools  and  school  direc¬ 
tors  are  elected  under  the  provisions  of  an  act  entitled  “An  act  to 
regulate  the  holding  of  elections  and  declaring  the  result  thereof 
in  cities,  villages  and  incorporated  towns  in  this  State,”  approved 
June  19,  1885. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  at  all  elections  held 
under  the  provisions  of  an  act  entitled  “An  act  to  regulate  the  hold¬ 
ing  of  elections  and  declaring  the  result  thereof  in  cities,  villages 
and  incorporated  towns  in  this  State,”  approved  J une  19,  1885,  and 
those  amendatory  and  supplemental  thereto,  at  which  any  trustee  of 
school  may  have  been  heretofore  or  shall  hereafter  be  elected,  the 
expenses  of  such  election  shall  be  paid  out  of  the  treasury  of  such 
city,  village  and  incorporated  town. 

*  This  relates  to  the  judges  and  clerks  of  elections  appointed  by  the  board  of  election 
commissioners,  and  not  to  the  officers  of  school  elections  generally. 


92 


§  2.  That  all  elections  held  under  the  provisions  of  said  acts,  at 
which  a  school  director  is  elected,  the  expenses  of  such  election  shall 
be  paid  out  of  any  funds  belonging  or  appertaining  to  the  district 
for  which  such  director  is  elected. 

§  3.  The  corporate  authorities  of  cities,  villages,  incorporated 
downs  and  school  districts  are  hereby  authorized  and  empowered  to 
levy  taxes  for  the  purpose  of  paying  election  expenses. 

Approved  June  3,  1889. 


ELECTION  OF  BOARDS  OF  EDUCATION  IN  CERTAIN  CASES. 

1  1.  Cities,  towns  and  townships,  in  which 

schools  are  managed  under  special 
acts,  may  elect  boards  of  education. 

2  2.  Question  to  be  submitted  to  vote,  upon 

petition  of  50  voters. 

An  Act  to  give  cities,  incorporated  towns,  townships  and  districts, 
in  rollick  free  schools  are  now  managed  under  special  acts,  au¬ 
thority  to  elect  hoards  of  education  having  the  same  powers  as 
hoards  of  education  now  elected  under  the  general  free  school 
taros  of  this  State. 

Section  1.  Be  it  enacted  hy  the  People  of  the  Stcde  of  Illinois, 
represented  in  the  General  Assembly :  That  any  city,  incorporated 
down,  township  or  district  having  a  population  of  less  than  one  thou¬ 
sand  and  not  over  twenty  thousand  inhabitants,  in  which  free  schools 
are  now  managed  under  any  special  act,  may,  by  vote  of  its  electors, 
determine  to  elect,  instead  of  the  directors  or  other  governing  or 
managing  board,  now  provided  for  by  such  special  act,  a  board  of 
education  which  shall  be  elected  at  the  time  and  in  the  manner  and 
have  the  powers  now  conferred  by  law  upon  boards  of  education  of 
districts  not  governed  by  any  special  act. 

§  2.  Upon  petition  of  fifty  voters  of  such  city,  town,  township  or  dis¬ 
trict,  presented  to  the  board  having  the  control  and  management  of 
schools  in  such  city,  town,  towmship  or  district,  it  shall  be  the  duty 
of  such  board,  at  the  next  ensuing  election  to  be  held  in  such  city, 
town,  township  or  district,  to  cause  to  be  submitted  to  the  voters 
thereof,  giving  not  less  than  fifteen  days’  notice  thereof,  by  posting 
not  less  than  five  notices  in  the  most  public  places  in  such  city,  town, 
township  or  district,  the  question  of  “electing  a  board  of  education 
having  the  powers  conferred  upon  such  boards  in  districts  organized 
under  the  free  school  laws,”  which  notice  may  be  in  the  following 
form,  to-wit: 

Public  notice  is  hereby  given  that  on  the . day  of . A.  D. 

. ,  an  election  will  be  held  at . ,  between  the  hours  of 

. . M.  and . M.  of  said  day,  for  the  purpose  of  deciding  the  ques¬ 
tion  of  “electing  a  board  of  education  having  the  powers  conferred  upon  such 
boards  in  districts  organized  under  the  free  school  law.” 

If  it  shall  appear,  upon  a  canvass  of  the  returns  of  such  election, 
rthat  a  majority  of  the  votes  cast  at  such  election  are  “for  electing  a 


g  3.  Repeals  all  acts  in  conflict. 
§  4.  Emergency. 


93 


board  of  education  having  the  powers  conferred  upon  such  boards  in 
districts  organized  under  the  free  school  law,”  then  at  the  time  of 
the  next  regular  election  for  boards  of  education  under  the  free  school 
law,  there  shall  be  elected  a  board  of  education  for  such  district;  and 
should  there  not  be  sufficient  time  to  give  the  notice  required  by  law 
for  such  election,  then  such  election  may  be  held  on  any  Saturday 
thereafter,  but  all  subsequent  elections  shall  be  held  at  the  time  pro¬ 
vided  by  the  free  school  law. 

§  3.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  4.  Whereas,  An  emergency  exists  requiring  this  act  to  take 
immediate  effect,  therefore  be  it  enacted  that  this  act  shall  be  in 
force  from  and  after  its  passage. 

Approved  June  2,  1891. 


Child  Labor. 

EMPLOYMENT  OF  CHILDREN  UNDER  13  YEARS  OF  AGE  PROHIBITED. 

?.  4.  No  child  shall  be  employed  for  more 
than  one  day  without  such  certifi¬ 
cate; 

l  5:  Penalties  for  violation  of  this  act. 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented,  in  the  General  Assembly :  That  it  shall  be  unlawful 
for  any  person,  firm  or  corporation  to  employ  or  hire  any  child  under 
thirteen  years  of  age  except  as  hereinafter  provided. 

t-  , 

§  2.  In  case  it  shall  be  made  to  appear  to  the  board  of  education 
or  of  school  directors  that  the  labor  or  services  of  any  child  consti¬ 
tutes  and  is  the  means  of  support  of  an  aged  or  infirm  relative,  and 
that  such  relative  is,  in  whole  or  in  part,  dependent  upon  such  child,, 
then  the  board  of  education  or  school  directors  shall  issue  to  such 
child  a  certificate  authorizing  the  employment  of  such  child;  such 
certificate  shall  state  the  name,  residence  and  age  of  such  child,  and 
a  record  thereof  shall  be  kept  by  the  board  of  education  or  school  di¬ 
rectors  in  a  book  kept  for  that  purpose. 

§  3.  No  such  certificate  shall  be  granted  to  any  child  unless  it 
shall  be  shown  to  the  board  of  education  or  school  directors  [of  the 
district]  in  which  such  child  resides,  that  such  child  has  attended 
some  public  or  private  day  school  for  at  least  eight  (8)  weeks  in  the 
current  school  year. 


§  L  Prohibits  any  person,  firm  or  corpora-  J 
tion  from  employing  any  child  under 
13  years  of  age,  except  as  provided  in 
this  act. 

§  2.  Certificate  of  the  school  board  authoriz¬ 
ing  employment. 

§  3.  No  certificate  shall  be  issued  unless  the 
child  has  attended  school  at  least  8 
weeks  in  the  current  school  year. 

An  Act  to  prevent  child  labor. 


94 


§  4.  No  person,  firm  or  corporation  shall  employ  any  child  under 
the  age  of  thirteen  years  in  any  store,  shop,  factory  or  manufactur¬ 
ing  establishment,  by  the  day,  or  any  period  of  time  greater  than  one 
day,  unless  such  certificate  be  furnished,  nor  shall  he  permit  any 
such  child  to  work  in  his  employ  without  such  certificate.  He  or 
they  shall  be  authorized  to  retain  the  certificate  of  any  such  child 
employed  by  him,  which  shall  be  evidence  admissible  in  any  court. 

§  5.  Any  person,  firm  or  corporation  who  violates  the  provisions 
of  this  act,  and  any  father,  guardian  or  person  having  control  of  any 
child  under  the  age  of  thirteen  years,  who  willingly  permits  or  con¬ 
sents  to  the  employment  of  such  child  without  such  certificate  as  is 
prescribed  by  section  three  of  this  act  shall,  for  every  offense,  be  fined 
in  a  sum  not  less  than  ten  nor  more  than  fifty  dollars,  for  the  use  of 
public  schools  of  the  city  or  district  in  which  such  child  resides.  And 
every  day  of  the  employment  of  any  such  child  shall  be  deemed  a 
separate  offense. 

Approved  June  17,  1891. 


WOMEN  MAY  VOTE  AT  SCHOOL  ELECTIONS. 


1.  Confers  the  right  of  suffrage  upon 
women  21  years  of  age  and  over  who 
may  vote  at  elections  for  school  offi¬ 
cers.  Registration. 


§  2.  Shall  be  permitted  to  vote  for  school 
officers  at  any  election.  Ballots,  at 
general  elections,  to  be  put  into  sep¬ 
arate  boxes. 


An  Act  to  entitle  women  to  vote  at  any  election  held  for  the  purpose 
of  choosing  any  officer  under  the  general  or  special  school  laws  of 
this  State . 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly :  Any  woman  of  the  age  of 
twenty-one  years  and  upwards,  belonging  to  either  of  the  classes 
mentioned  in  article  7  of  the  Constitution  of  the  State  of  Illinois, 
who  shall  have  resided  in  this  State  one  year,  in  the  county  ninety 
days,  and  in  the  election  district  thirty  days  preceding  any  election 
held  for  the  purpose  of  choosing  any  officer  of  schools  under  the  gen¬ 
eral  or  special  school  laws  of  this  State,  shall  be  entitled  to  vote  at 
such  election  in  the  school  district  of  which  she  shall  at  the  time 
have  been  for  thirty  days  a  resident:  Provided,  any  woman  so  de¬ 
sirous  of  voting  at  any  such  election  shall  have  been  registered  in 
the  same  manner  as  is  provided  for  the  registration  of  male  voters. 

§  2.  Whenever  the  election  of  public  school  officers  shall  occur 
at  the  same  election  at  which  other  public  officers  are  elected,  the 
ballot  offered  by  any  woman  entitled  to  vote  under  this  act  shall  not 
contain  the  name  of  any  person  to  be  voted  for  at  such  election,  ex¬ 
cept  such  officers  of  public  schools,  and  such  ballots  shall  all  be  de¬ 
posited  in  a  separate  ballot-box,  but  canvassed  with  other  ballots  cast 
for  ^school  officers  at  such  election. 

Approved  June  19,  1891. 


95 


EXISTING  INDEBTEDNESS. 

i  1.  Authorizes  the  directors  of  any  school  district,  created  by  special  act,  the  limits  of 
which  are  co-extensive  with  a  city,  to  assume  and  pay  any  ex  sting  indebtedness. 

An  Act  to  allow  directors  of  schools  under  special  laics  to  assume 
and  provide  for  indebtedness  heretofore  created  by  the  authorities 
of  a  city  for  school  purposes. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  whenever  any  city  in 
this  State  is  by  special  law  made  a  school  district,  or  whenever  any 
school  district  created  by  special  law  shall  be  co-term inous  with  any 
city,  the  directors  of  such  district  shall  have  the  power,  at  the  re¬ 
quest  of  the  city  council,  to  assume  and  provide  for,  by  borrowing 
und  taxation,  any  indebtedness  now  existing,  created  by  the  authori¬ 
ties  of  the  city  for  school  purposes. 

Approved  June  22,  1891. 


RELATING  TO  SCHOOL  ATTENDANCE  AND  THE  APPOINTMENT  OF  TRUANT 

OFFICERS. 


1.  Requires  that  (  hildren  between  the  ages 
of  7  and  14  years  shall  attend  school 
at  least  16  weeks  in  each  year  unless 
exempt. 

£  2.  Penalties  for  violation  of  this  act. 


'i  3.  Appointment  of  truant  officers.  Hear¬ 
ing  of  charges  for  non-attendance. 

I  4.  Penalties  for  evasion  of  this  act. 

§  5.  Recovery  of  fines  and  penalties. 


An  Act  to  promote  attendance  of  children  in  schools  and  to  prevent 
truancy.  [  Approved  June  11,  1897,  in  force  July  1,  1897. 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  every  person  having 
control  of  any  child  between  the  ages  of  seven  (7)  and  fourteen  (14) 
years  shall  annually  cause  such  child  to  attend  for  at  least  sixteen 
(16)  weeks,  twelve  (12)  weeks  of  such  attendance  shall  be  consecu¬ 
tive,  some  public  or  private  school,  which  time,  for  pupils  under  ten 
(10)  years  of  age,  shall  commence  with  the  beginning  of  the  first 
term  of  the  school  year  of  such  school,  and  not  later  than  December 
1  of  said  school  year  for  pupils  above  the  age  of  ten  (10)  years,  or  as 
soon  thereafter  as  due  notice  shall  be  served  upon  the  person  having 
such  control  of  his  duty  under  this  act:  Provided,  that  this  act  shall 
not  apply  in  any  case  when  the  child  has  been  or  is  being  otherwise 
instructed,  for  a  like  period  of  time  in  each  and  every  year,  the  ele¬ 
mentary  branches  of  education  by  a  person  or  persons  competent  to 
give  such  instruction,  or  whose  physical  or  mental  condition  renders 
his  or  her  attendance  impracticable  or  inexpedient,  or  who  is  excused 
for  sufficient  reason  by  any  competent  court  of  record. 

§  2.  For  every  willful  neglect  of  such  duty  as  prescribed  by  sec¬ 
tion  one  (1)  of  this  act  the  person  so  offending  shall  forfeit  to  the 
use  of  the  public  school  of  the  city,  town  or  district  in  which  such 
child  resides,  a  sum  not  less  than  one  (1)  dollar  nor  more  than  five 
(5)  dollars  and  costs  of  suit,  and  shall  stand  committed  until  such 
fine  and  costs  of  suit  are  fully  paid. 


96 


§  3.  The  board  of  education  in  cities,  towns,  villages  and  school 
districts,  and  the  board  of  school  directors  in  school  districts,  shall 
appoint,  at  the  time  of  appointment  or  election  of  teachers  each  year, 
one  or  more  truant  officers,  whose  duty  it  shall  be  to  report  all  vio¬ 
lations  of  this  act  to  said  board  of  education  or  board  of  directors* 
and  to  enter  complaint  against  and  prosecute  all  persons  who  shall 
appear  to  be  guilty  of  such  violation.  It  shall  also  be  the  duty  of 
said  truant  officer  so  appointed  to  arrest  any  child  of  school-going 
age  that  habitually  haunts  public  places  and. has  no  lawful  occupa¬ 
tion,  and  also  any  truant  child  who  absents  himself  or  herself  from 
school,  and  to  place  him  or  her  in  charge  of  the  teacher  having 
charge  of  any  school  which  said  child  is  by  law  entitled  to  attend, 
and  which  school  shall  be  designated  to  said  officer  by  the  parent, 
guardian  or  person  having  control  of  said  child.  In  case  such  parent, 
guardian  or  person  shall  designate  a  school  without  making  or  hav¬ 
ing  made  arrangements  for  the  reception  of  said  child  in  the  school 
so  designated,  or  in  case  he  refuses  or  fails  to  designate  any  school, 
then  such  truant  officer  shall  place  such  child  in  charge  of  the 
teacher  of  the  public  school.  And  it  shall  be  the  duty  of  said  teacher 
to  assign  said  child  to  the  proper  class  and  to  instruct  him  or  her  in 
such  studies  as  he  or  she  is  fitted  to  pursue.  The  truant  officer  so- 
appointed  shall  be  entitled  to  such  compensation  for  services  ren¬ 
dered  under  this  act  as  shall  be  determined  by  the  boards  appointing 
them,  and  which  compensation  shall  be  paid  out  of  the  distributable 
school  fund:  Provided,  that  nothing  herein  contained  shall  prevent 
the  parent,  guardian  or  person  having  charge  of  such  truant  child, 
which  has  been  placed  in  any  school  by  the  truant  officer,  to  there¬ 
after  send  said  child  to  any  other  school  which  said  child  is  by  law 
entitled  to  attend. 

§  4.  Any  person  having  control  of  a  child  who,  with  intent  to 
evade  the  provisions  of  this  act,  shall  make  a  wilfully  false  statement 
concerning  the  age  of  such  child,  or  the  time  such  child  has  attended 
school,  shall  for  such  offense  forfeit  a  sum  of  not  less  than  three  (3) 
dollars  nor  more  than  twenty  (20)  dollars  for  the  use  of  the  public 
schools  of  such  city,  town,  village  or  district. 

§  5.  Any  fine  and  penalty  mentioned  in  this  act  may  be  sued  for 
and  recovered  before  any  court  of  record  or  justice  of  the  peace  of 
the  proper  county,  in  the  nam£  of  the  People  of  the  State  of  Illinois 
for  the  use  of  the  public  schools  of  the  city,  town,  village  or  district 
in  which  said  child  resides. 

§  6.  An  act  entitled  “An  act  concerning  the  education  of  chil¬ 
dren,”  approved  June  19,  1893,  in  force  July  1,  1893,  is  hereby  re¬ 
pealed. 


97 


SCHOOL  INSPECTORS  ELECTED  UNDER  CERTAIN  SPECIAL  ACTS. 


§  1.  Certain  districts,  containing  over  20,000 
and  less  than  100.000  inhabitants,  hav¬ 
ing  special  charters,  though  divided 
for  the  election  of  school  inspectors, 
are  made  undivided  districts  with 
added  powers  for  the  control  and 
management  of  schools. 


§  2.  Moneys  raised  by  taxation,  how  drawn 
and  applied. 

§  3.  Record  of  the  proceedings  of  boards  of 
inspectors. 

§  4  Emergency. 


An  Act  to  amend,  section  one  of  11  An  act  extending  the  powers  of 

Boards  of  School  Insxiectors  elected  under  special  ads,”  approved 

Jane  19,  1893.  Approved  and  in  force  June  11,  1897. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  section  one  of  “An  act 
extending  the  powers  of  Boards  of  School  Inspectors  elected  under 
special  acts,”  approved  June  19,  1893,  be  amended  so  as  to  read  as 
follows: 

Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly :  That  in  ail  cities  in  this  State  having  over 
20,000  and  less  than  100,000  inhabitants,  whose  schools  are  now  ope¬ 
rated  under  special  law.  and  where,  by  such  law,  territory  outside  of 
the  city  limits  is  added  to  the  territory  within  the  city  for  school 
purposes,  and  where  such  school  district  or  districts  is  not  coexten¬ 
sive  with  the  township  in  wdiich  such  city  is  situated,  and  where  by 
such  special  law,  Boards  of  School  Inspectors,  consisting  of  six  mem¬ 
bers  (three  in  each  of  two  districts) ,  are  elected,  the  provisions  of 
any  such  special  law  dividing  such  territory  into  two  districts  shall 
be  held  to  be  only  for  the  purpose  of  electing  members  of  the  Board 
of  School  Inspectors,  and  for  all  other  purposes  the  territory  in  two 
such  districts  shall  be  held  to  be  included  in  one  school  organiza¬ 
tion,  and  the  Board  of  School  Inspectors,  in  addition  to  the  other 
powers  given  by  such  special  law,  and  the  general  school  laws,  shall 
have  power  to  employ  teachers,  janitors  and  such  other  employes  as 
such  board  shall  deem  necessary,  and  to  fix  the  amount  of  their  com¬ 
pensation,  to  buy  or  lease  sites  for  school  houses,  with  the  necessary 
grounds;  to  build,  erect,  lease  or  purchase  buildings  suitable  for 
school  houses,  to  repair  and  improve  school  houses  and  to  furnish 
them  with  the  necessary  supplies,  fixtures,  apparatus,  libraries  and 
fuel,  and  it  shall  be  the  duty  of  such  board  to  take  the  entire  super¬ 
vision  and  control  of  the  schools  in  such  district  or  districts. 

§  2.  [Act  of  1897.]  Whereas,  An  emergency  exists,  therefore 
this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

§  2.  [Original  act.]  All  money  necessary  for  the  purposes 
mentioned  in  section  one  of  this  act  shall  be  raised  as  now  provided 
by  law,  not  to  exceed  the  amount  by  law  limited,  and  shall  be  held 
by  the  treasurer  as  a  special  fund  for  school  purposes,  subject  to  the 
order  of  school  inspectors,  upon  warrants  to  be  countersigned  by  the 
mayor  and  city  clerk. 

§  3.  The  said  board  shall  provide  well-bound  books  at  the  ex¬ 
pense  of  the  school  tax  fund,  in  which  shall  be  kept  a  faithful 


■7 


98 


record  of  all  of  its  proceedings.  The  yeas  and  nays  "shall  be  taken 
and  entered  on  the  record  of  the  proceedings  of  the  board  upon  all 
questions  involving  the  expenditure  of  money. 

§  4.  Whereas,  An  emergency  exists,  therefore  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  June  19,  1893. 


SCHOOL  INSPECTORS. 

I  1.  Increasing  number  of  school  inspectors,  I  §  2.  Emergency, 
elected  under  special  acts,  from  six  | 
to  seven  members. 

An  Act  increasing  the  number  of  school  inspectors ,  elected  under 
special  acts,  from  six  to  seven  members. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi¬ 
nois ,  represented  in  the  General  Assembly:  That  in  all  cities  in 
this  State  having  over  10,000  and  less  than  100,000  inhabitants, 
whose  schools  are  now  operated  under  special  law,  and  where,  by 
such  special  law,  boards  of  school  inspectors  consisting  of  six  mem¬ 
bers  (three  in  each  of  two  districts)  are  elected,  such  board  shall 
hereafter  consist  of  seven  members;  and  at  the  time  other  members 
of  such  boards  are  elected  in  April,  1895,  and  each  three  years  there¬ 
after,  such  additional  member  shall  be  elected  for  a  term  of  three 
years,  by  all  the  voters  entitled  to  vote  at  school  elections  of  the  en¬ 
tire  school  territory  embraced  in  said  two  districts;  and  whenever 
such  additional  member  is  to  be  elected,  he  shall  b'e  designated  and 
voted  for  as  ‘'member  of  board  of  school  inspectors  at  large.” 

§  2.  Whereas,  An  emergency  exists,  therefore  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  March  6,  1895. 


ELECTION  OF  BOARDS  OF  EDUCATION  IN  CERTAIN  CASES. 

An  Act  to  provide  for  the  election  of  boards  of  education  in  school 
districts  organized  under  special  acts  of  the  Legislature  of  this 
State  ivhere  such  school  districts  are  maintained,  under  the  general 
school  laivs  of  this  State,  and  where  there  is  no  provision  in  such 
special  acts  for  the  election  of  boards  of  education.  Approved 
June  10,  1897,  in  force  July  1,  1897. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi¬ 
nois,  represented,  in  the  General  Assembly :  That  hereafter,  in  all 
school  districts  in  this  State,  organized  under  any  special  law  of 
this  State,  and  maintaining  public  schools  under  the  general  laws  of 
this  State,  where  there  is  no  provision  in  said  special  acts  creating 
such  special  school  districts,  for  the  election  of  boards  of  education 
as  otherwise  provided,  there  shall  be  elected  in  each  of  said  special 


99 


school  districts,  in  lieu  of  the  school  directors  as  now  provided,  a 
board  of  education,  to  consist  of  seven  members,  to  be  elected  at  the 
time  and  in  the  manner  as  now  provided  by  the  general  law  for  the 
election  and  qualification  of  boards  of  education  in  other  cases: 
Provided,  that  at  the  first  election  of  such  board,  which  shall  be 
held  on  the  third  Saturday  in  April,  A.  D.  1898,  two  of  such  mem¬ 
bers  shall  be  elected  to  serve  one  year,  two  to  serve  two  years,  and 
two  to  serve  three  years,  and  a  president  of  such  board  shall  be 
elected,  whose  term  of  office  shall  be  one  year,  and  annually  there¬ 
after  there  shall  be  elected  in  said  school  district  two  members  of 
such  board,  whose  term  of  office  shall  be  three  years,  and  there  shall 
also  be  elected  annually  thereafter  a  president  of  said  board.  Said 
board  of  education,  when  so  elected  and  qualified,  shall  have  the 
power  of  trustees  of  schools  in  school  townships,  as  is  now  provided 
by  law. 


KINDERGARTEN  SCHOOLS. 


$  1.  School  districts,  upon  authorization  by 
a  majority  of  votes  cast  at  an  elec¬ 
tion  for  that  purpose,  to  establish 
kindergarten  schools. 


§  2.  Teachers’  certificates. 


An  Act  authorizing  school  districts  managed  by  boards  of  educa¬ 
tion  and  directors  to  establish  and  maintain  kindergarten  schools. 

Approved  April  17,  1895,  in  force  July  l,  1895. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi¬ 
nois,  represented  in  the  General  Assembly:  That  in  addition  to 
other  grades  or  departments  now  established  and  maintained  in  the 
public  schools  of  the  State,  any  school  district  managed  by  a  board 
of  education  or  a  board  of  directors  is  hereby  empowered,  when 
authorized  by  a  majority  of  all  the  votes  cast  at  an  election  for  that 
purpose,  such  election  to  be  called  and  held  in  accordance  with  the 
provisions  of  Article  IX  of  an  act  entitled  “An  act  to  establish  and 
maintain  a  system  of  free  schools,”  approved  and  in  force  May  21, 
1889,  to  establish  in  connection  with  the  public  schools  of  such  dis¬ 
trict,  a  kindergarten  or  kindergartens  for  the  instruction  of  children 
between  the  ages  of  four  and  six  years,  to  be  paid  for  in  the  same 
manner  as  other  grades  and  departments  now  established  and  main¬ 
tained  in  the  public  schools  of  such  district.  No  money  accruing  to 
'Such  district  from  the  school  tax  fund  of  the  State  shall  be  used  to 
defray  the  tuition  or  other  expenses  of  such  kindergarten,  but  the 
same  shall  be  defrayed  from  the  local  tax  and  the  special  school  rev¬ 
enue  of  said  district. 

§  2.  All  teachers  in  kindergartens  established  under  this  act  shall 
hold  a  certificate  issued  as  provided  by  law,  certifying  that  the  holder 
thereof  has  been  examined  upon  kindergarten  principles,  and  is  com¬ 
petent  to  teach  the  same. 

Approved  April  17,  1895. 


100 


teachers’  pension  and  retirement  fund. 


§  1.  Teachers’  and  employes  pension  and 
retirement  fund  in  certain  cities — 
How  created. 

2.  Board  of  trustees— Administration  and 
investment  of  fund. 

3  3.  Retirement. 

§  4.  Annuity. 


§  5.  Powers  of  trustee. 

6.  Special  fund — How  created— How  and? 
when  drawn. 

§  7.  Custodian  of  fund. 

\  8.  Removals— Contributions  refunded  to- 
teachers. 


An  Act  to  provide  for  the  formation  and  disbursement  of  a  public 
school  teachers’  and  public  school  employes'’  pension  and  retirement 
fund  in  cities  having  a  population  exceeding  one  hundred  thou¬ 
sand  inhabitants. 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly :  That  the  board  of  educa¬ 
tion  in  cities  having  a  population  exceeding  one  hundred  thousand 
inhabitants,  shall  have  power,  and  it  shall  be  the  duty  of  said  board 
to  create  a  public  school  teachers’  and  public  school  employes  pen¬ 
sion  and  retirement  fund,  and  for  that  purpose  set  apart  the  follow¬ 
ing  moneys,  to- wit: 

1.  An  amount  not  exceeding  one  per  cent,  per  annum  of  the  re¬ 
spective  salaries  paid  to  teachers  and  school  employes  elected  by 
such  board  of  education,  which  amount  shall  be  deducted  in  equal 
installments  from  said  salaries  at  the  regular  times  for  the  payment 
of  such  salaries. 

2.  All  moneys  received  from  donations,  legacies,  gifts,  bequests,, 
or  otherwise,  on  account  of  said  fund. 

3.  All  moneys  which  may  be  derived  from  any  and  all  sources: 
Provided,  however ,  that  no  taxes  shall  ever  be  levied  or  an  appropri¬ 
ation  of  public  money  be  made  for  said  fund  except  as  herein  pro-  - 
vided. 

§  2.  The  board  of  education,  together  with  the  superintendent  of 
schools,  and  two  representatives  to  be  selected  annually  by  the  teach¬ 
ers  and  employes  of  the  public  schools  under  control  of  said  board, 
shall  form  a  board  of  trustees,  a  majority  of  whom  shall  determine- 
the  amount  to  be  deducted  from  the  salaries  paid  to  teachers  and 
employes  as  aforesaid,  and  shall  have  charge  of.  and  administer  said 
fund,  and  shall  have  power  to  invest  the  same  as  shall  be  deemed 
most  beneficial  to  said  fund,  in  the  same  manner  and  subject  to  the 
same  terms  and  conditions  as  township  treasurers  are  permitted  to 
invest  school  funds  in  article  four  (4)  of  an  act  entitled  “An  act  to 
establish  and  maintain  a  system  of  free  schools,”  in  force  May  4y 
1889,  and  shall  have  power  to  make  payments  from  said  fund  of  an¬ 
nuities  granted  in  pursuance  of  this  act,  and  shall  from  time  to  time 
make  and  establish  such  rules  and  regulations  for  the  administration 
of  said  fund  as  they  shall  deem  best. 

§  3.  Said  board  of  education  shall  have  power,  by  a  majority  vote 
of  all  its  members,  to  retire  any  female  teacher  or  other  female  school 
employe  who  shall  have  taught  in  public  schools  or  rendered  service 


101 


therein  for  a  period  aggregating  twenty  years;  and  any  male  teacher 
or  male  school  employe  who  shall  have  taught  or  rendered  service 
for  a  period  aggregating  twenty-five  years,  and  such  teacher  or  school 
employe  also  shall  have  the  right  after  said  term  of  service  to  retire 
and  become  a  beneficiary  under  this  act:  Provided,  however,  that 
three-fifths  of  said  term  of  service  shall  have  been  rendered  by  said 
beneficiary  within  the  limits  of  the  municipality  where  said  board  of 
education  has  jurisdiction. 

§  4.  Each  teacher  and  school  employe  so  retired  or  retiring  shall 
thereafter  be  entitled  to  receive  as  an  annuity  one-half  of  the  annual 
salary  paid  to  said  teacher  or  employe  at  the  date  of  such  retirement, 
said  annuity  to  be  paid  monthly  during  the  school  year:  Provided, 
however,  that  such  annuity  shall  not  exceed  the  sum  of  six  hundred 
dollars  ($600),  which  shall  be  paid  by  said  board  of  education  out  of 
the  fund  created  in  accordance  with  this  act  in  the  manner  provided 
by  law  for  the  payment  of  salaries. 

§  5.  Said  board  of  trustees  is  hereby  given  the  power  to  use  both 
the  principal  and  the  income  of  said  fund  for  the  payment  of  an¬ 
nuities  hereinbefore  mentioned,  and  shall  have  power  to  reduce,  from 
time  to  time,  the  amount  of  all  annuities:  Provided,  that  such  re¬ 
duction  shall  be  at  the  same  rate  in  all  cases. 

§  6.  The  president  and  secretary  of  such  board  of  education  shall 
certify  monthly  to  the  city  treasurer  all  amounts  deducted  from  the 
salaries  of  teachers,  special  teachers,  principals  and  employes  of  the 
board  of  education  in  accordance  with  the  provisions  of  this  act, 
which  amounts  as  well  as  all  other  moneys  contributed  to  said  fund, 
shall  be  set  apart  and  held  by  said  treasurer  as  a  special  fund  for  the 
purpose  hereinbefore  specified,  subject  to  the  order  of  said  board  of 
education,  superintendent  of  schools,  and  two  representatives,  as 
aforesaid,  and  shall  be  paid  out  upon  warrants  signed  by  the  presi¬ 
dent  and  secretary  of  said  board  of  education. 

§  7.  The  city  treasurer  shall  be  custodian  of  s\id  pension  fund, 
and  shall  secure  and  safely  keep  the  same  subject  to  the  control  and 
direction  of  said  board  of  trustees,  and  shall  keep  his  books  and  ac¬ 
counts  concerning  said  fund  in  such  manner  as  may  be  prescribed 
by  the  said  board.  And  said  books  and  accounts  shall  always  be 
subject  to  the  inspection  of  the  said  board  or  any7  member  thereof. 

The  treasurer  shall,  wdthin  ten  days  after  his  election  or  appoint¬ 
ment,  execute  a  bond  to  the  city,  with  good  and  sufficient  securities, 
in  such  penal  sum  as  the  said  board  shall  direct,  to  be  approved  by 
the  said  board,  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office,  and  that  he  will  safely  keep,  and  well  and  truly  account 
for  all  moneys  and  profits  which  may  come  into  his  hands  as  such 
treasurer,  and  that  on  the  expiration  of  his  term  of  office  he  will 
surrender  and  deliver  over  to  his  successor  all  unexpended  moneys 
and  all  property  which  may  have  come  into  his  hand  as  treasurer  of 
such  fund.  Such  bond  shall  be  filed  in  the  office  of  the  clerk  of  such 
city,  and  in  case  of  a  breach  of  the  same  or  the  conditions  thereof. 
:suit  may  be  brought  on  the  same  in  the  name  of  said  city7  for  the  use 
of  said  board  of  trustees  or  of  any  person  or  persons  injured  by  such 
breach. 


102 


§  8.  No  teacher' or  other  school  employe  who  has  been  or  who 
shall  have  been  elected  by  said  board  of  education  shall  be  removed 
or  discharged  except  for  cause  .upon  written  charges,  which  shall  be 
investigated  and  determined  by  the  said  board  of  education  whose 
action  and  decision  in  the  matter  shall  be  final. 

If  at  any  time  a  teacher  or  school  employe  who  is  willing  to  con¬ 
tinue  is  not  re-employed  or  is  discharged  before  the  time  when  he  or 
she  would  under  the  provisions  of  this  act  be  entitled  to  a  pension, 
then  such  teacher  or  school  employe  shall  be  paid  back  at  once  all 
the  money,  with  interest,  he  or  she  may  have  contributed  under  the- 
law. 

Approved  May  21,  1895. 


FLAG  LAW. 


§  1.  On  court  houses. 

§  2.  On  penal  and  reformatory,  State  educa¬ 
tional  and  S^ate  charitable  institu¬ 
tions. 


\  4.  Payment  for  the  flag’s. 
§  5.  Penalty. 

I  6.  Repeal  of  foi’mer  acts. 


§  3.  On  public  school  buildings. 


An  Act  to  provide  for  placing  United  States  national  flags  on  school 
houses,  court  houses  and  other  public  buildings  in  this  State ,  and 
to  repeal  certain  acts  therein  named.  Approved  June  2,  1897 . 
In  force  July  1,  1897. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  it  shall  be  the  duty  of 
the  board  of  supervisors  in  counties  under  township  organization, 
and  the  board  of  commissioners  in  counties  not  under  township 
organization,  to  provide  United  States  national  flags  of  not  less  than 
four  by  eight  feet  in  size,  to  be  unfurled  and  kept  floating  from  a 
suitable  flag  staff  to  be  placed  on  the  top  of  the  court  house  in  their 
respective  counties,  and  it  is  hereby  made  the  duty  of  the  sheriff  of 
each  and  every  county  in  the  State  to  see  that  the  flag  so  provided 
shall  be  hoisted  on  its  flag  staff  above  the  court  house  and  kept 
floating  from  eight  o'clock  a.  m.  to  five  o’clock  p.  m.  on  each  and 
every  legal  holiday  of  the  year,  and  on  such  other  days  as  the  board 
of  supervisors  or  the  board  of  county  commissioners  may  direct. 

§  2.  The  commissioners  or  trustees  of  all  penal  and  reformatory. 
State  educational  and  State  charitable  institutions  of  this  State  shall 
provide  United  States  national  flags  of  not  less  than  ten  by  twenty 
feet  in  size,  and  cause  the  same  to  be  unfurled  and  kept  floating 
above  the  said  penal  and  reformatory,  State  educational  and  State 
charitable  institutions,  or  on  a  suitable  flag  pole  from  eight  o’clock 
a.  m.  to  five  o’clock  p.  m.  on  each  and  every  legal  holiday  in  the  year-, 
and  on  such  other  days  as  the  commissioners  or  trustees  may  de¬ 
termine. 

§  3.  The  directors  or  board  of  education  of  every  school  district 
in  the  State  of  Illinois  shall  have  power  to  cause  to  be  erected  and 
to  keep  in  repair  upon  all  public  school  houses  or  within  the  school 


103 


grounds  surrounding  such  public  school  buildings  which  may  be  in 
their  respective  school  districts,  a  good  and  sufficient  flag  staff  or 
pole,  together  with  all  necessary  adjustments,  and  that  they  shall 
provide  a  United  States  national  flag  of  not  less  than  four  by  eight 
feet  in  size,  which  shall  be  floated  from  such  flag  staff  or  pole  during 
the  school  hours  of  such  days  as  the  directors  or  board  of  education 
may  determine:  Provided,  that  the  flag  shall  not  be  hoisted  on  any 
court  house,  State  institution  or  public  school  building  during  any 
day  when  a  violent  storm  or  inclement  weather  would  destroy  or 
materially  injure  such  flag. 

§  4.  The  flag  used  by  any  and  all  State  institutions,  as  provided 
for  in  this  act,  shall  be  paid  for  out  of  the  funds  appropriated  for  the 
running  expenses  of  said  institutions,  the  same  as  other  necessary 
supplies  are  bought  and  paid  for,  and  the  flags  for  use  over  court 
houses  and  public  school  buildings  are  hereby  declared  to  be  neces¬ 
sary  supplies,  and  may  be  paid  for  out  of  the  public  funds  of  the 
respective  counties  or  school  districts. 

§  5.  Any  person  or  persons  who  shall  wilfully  injure,  deface  or 
destroy  any  flag,  flag  staff  or  pole,  or  adjustments  attached  thereto, 
erected  and  arranged  for  the  purpose  of  carrying  out  the  require¬ 
ments  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  one  (1)  dollar  nor  more 
than  fifteen  (15)  dollars. 

§  6.  That  an  act  entitled  “An  act  to  provide  for  placing  the 
United  States  national  flags  on  school  houses,  court  houses  and  other 
buildings  in  the  State,”  became  a  law  June  26,  1895.  in  force  July  1, 
1895;  and  an  act  entitled  “An  act  to  require  the  United  States  flag 
to  be  placed  upon  all  public  buildings  in  Illinois,  or  upon  a  flag  pole 
erected  within  the  school  grounds  surrounding  such  school  build¬ 
ings,”  became  a  law  June  26,  1895,  in  force  July  1,  1895,  be  and  the 
same  are  hereby  repealed. 


CLASSES  FOR  DEAF  CHILDREN  IN  THE  PUBLIC  SCHOOLS. 


1  1.  Providing  instruction  for  deaf  children. 

2  2.  Report  to  be  made  annually  to  State 

Superintendent. 

2  3.  County  superintendent  authorized  to 
distribute  funds. 


I  4.  Time  of  distributing  funds. 

\  5.  Teachers  appointed  by  State  Superin¬ 
tendent. 


An  Act  authorizing  school  districts  managed  by  boards  of  educa¬ 
tion  or  directors  to  establish  ami  maintain  classes  for  the  deaf  in 
the  public  schools,  and  authorizing  payment  therefor  from  State 
common  school  funds.  Approved  June  11,  1S97,  in  force  July  1, 
1897. 

Section  1.  Be  it  enacted,  by  the  People  of  the  State  of  Illinois' 
represented  in  the  General  Assembly ;  That  upon  application  by  a 
board  of  education  or  directors  of  any  school  district  of  the  State  to 


104 


the  State  Superintendent  of  Public  Instruction,  he  shall  grant  per¬ 
mission  to  such  board  of  education  or  directors,  and  such  board  of 
education  or  directors  shall  thereupon  be  empowered  to  maintain 
as  part  of  a  public  school,  within  its  limits,  one  or  more  classes, 
having  an  average  attendance  of  not  less  than  three  pupils,  for  the 
instruction  of  deaf  persons  over  the  age  of  three  and  under  twenty- 
one  years,  residents  of  the  State  of  Illinois. 

§  2.  Such  board  of  education  or  directors  which  shall  maintain 
one  or  more  classes  for  the  instruction  of  the  deaf  shall  report  to  the 
State  Superintendent  of  Public  Instruction  annually,  and  as  often 
as  said  Superintendent  shall  direct,  such  facts  concerning  such 
class  or  classes  as  he  may  require. 

§  3.  The  county  superintendent  of  schools  in  each  county  is 
hereby  authorized  and  directed  to  apportion  and  pay,  out  of  the 
State  common  school  fund  received  by  such  county,  to  the  treasurer 
or  other  financial  officer  of  such  board  of  education  or  directors 
maintaining  such  class  or  classes  for  the  instruction  of  the  deaf,  the 
sum  of  one  hundred  and  fifty  dollars  for  each  deaf  pupil,  resident  of 
such  county,  instructed  in  any  such  class  for  at  least  nine  months 
during  the  school  year,  and  a  share  of  such  sum  proportionate  to 
the  term  of  instruction  of  any  such  pupil  as  shall  be  so  instructed 
less  than  nine  months  during  such  year.  If  no  such  class  shall  be 
maintained  in  a  public  school  in  any  county,  but  persons  residing  in 
such  county  shall  attend  such  class  in  an  adjoining  county  with  the 
permission  of  the  county  superintendent  of  the  county  not  main¬ 
taining  such  class,  then  said  superintendent  shall  pay  to  the  finan¬ 
cial  officer  of  the  board  of  education  or  directors  of  the  district  main¬ 
taining  such  class  the  amount  above  specified  for  each  pupil  attend¬ 
ing  such  class  in  such  other  county. 

§  4.  The  sums  provided  in  the  next  succeeding  section  shall  be 
paid  by  such  county  superintendent  of  schools  as  soon  as  may  be 
after  the  receipt  by  him  of  the  State  common  school  fund  in  each 
year,  upon  satisfactory  proof  being  made  to  him  by  the  president 
and  the  secretary  or  clerk  of  such  board  of  education  or  directors 
maintaining  such  class,  of  the  number  of  pupils  instructed  in  such 
class  or  classes,  and  their  residences,  and  the  period  of  time  each 
such  pupil  shall  have  been  so  Instructed  in  such  class  or  classes  for 
the  preceding  school  year. 

§  5.  All  teachers  in  such  classes  shall  be  appointed  by  the  State 
Superintendent  of  Public  Instruction  upon  application  of  the  board 
of  education  or  directors  of  the  school  district  maintaining  such 
class  or  classes;  the  State  Superintendent  of  Public  Instruction  to 
have  the  power  to  remove  such  teachers  for  cause.  No  person  shall 
be  appointed  to  teach  any  such  class  who  shall  not  have  first  ob¬ 
tained  a  teacher’s  certificate,  as  provided  by  law,  and  who  shall  not 
have  received  specific  instruction  in  the  teaching  of  the  deaf  for  a 
term  of  not  less  than  one  year. 


105 


I  A  MANUAL  TRAINING  DEPARTMENT  FOR  TOWNSHIP  HIGH  SCHOOLS. 

\  1.  Election  for  establishment  of  manual 
training  department. 

If  2.  Ballots  for  such  election. 


I  3.  Establishment  of  the  training  depart 
ment. 


An  Act  to  provide  for  the  establishment  and  maintenance  of  manual 
^  training  departments  for  high  schools.  Approved  June  3,  1897, 
I.  in  force  July  1,  18(J7. 

[  Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi¬ 
nois,  represented  in  the  General  Assembly  :  That  upon  the  peti¬ 
tion  of  not  less  than  fifty  voters  of  any  high  school  district,  filed 
with  the  township  treasurer  at  least  fifteen  days  preceding  the  regu¬ 
lar  election  of  members  of  the  board  of  education  for  said  high 
school  district,  it  shall  be  the  duty  of  the  said  treasurer  to  notify 
the  voters  of  said  district  that  an  election  “For’' or  “Against  the 
establishment  of  a  manual  training  department  for  said  high  school 
will  be  held  at  the  next  annual  election  of  the  board  or  education 
by  posting  notices  of  such  election  in  at  least  ten  of  the  most  pub¬ 
lic  places  throughout  the  township  for  at  least  ten  days  before  the 
day  of  such  regular  election,  which  notice  may  be  in  the  following 
form: 


HIGH  SCHOOL  ELECTION. 


[  Notice  is  hereby  given  that  on  Saturday,  the .  ..  .day  of  April, 

A  I)  . . ,  an  election  will  be  held  at . f°r  the  purpose  of 

voting  ‘‘For”  or  “Against”  the  proposition  to  establish  a  manual  training  de¬ 
partment  for  the  high  school  in  township  No. ....... ,  range  Ao. . , 

polls  for  said  election  will  be  opened  at . o  clock  and  close  at —  ,.o  clock 

of  said  day. 


Township  Treasurer. 


,  §  2.  The  ballots  for  such  election  shall  be  received  and  canvassed 
as  in  other  elections,  and  may  have  on  them  the  names  of  the  board 
of  education  voted  for  at  said  election. 

§3.  If  a  majority  of  the  votes  cast  at  such  election  shall  be  in 
favor  of  establishing  a  manual  training  department  for  the  high 
school  is  said  district,  it  shall  be  the  duty  of  the  board  of  education 
to  establish  and  maintain  therein  such  department  as  a  part  of  the 
high  school. 


106 


APPENDIX. 


[Containing  acts  establishing  State  Normal  Schools,  providing  for  County  Normal  Schools 
and  providing  for  State  Scholarships  in  the  University  of  Illinois.] 


ILLINOIS  STATE  NORMAL  UNIVERSITY,  NORMAL. 

An  Act  for  the  establishment  and  maintenance  of  a  Normal  Uni¬ 
versity. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  C.  B.  Demo,  of  Jo- 
Daviess  county,  Simeon  Wright,  of  Lee  county,  Daniel  Wilkins  of 
McLean  county,  C.  E.  Hovey,  of  Peoria  county,  George  P.  Rex.  of 
Pike  county,  Samuel  W.  Moulton,  of  Shelby  county,  John  Gillespie, 
of  Jasper  county,  George  Bunsen,  of  St.  Clair  county,  Wesley  Sloan, 
or  Pope  county,  Ninian  W.  Edwards,  of  Sangamon  county,  John 
Eden,  of  Moultrie  county,  Flavel  Mosley,  of  Cook  county,  William 
H.  Wells,  of  Cook  county,  Albert  R.  Shannon,  of  White  county,  and 
the  Superintendent  of  Public  Instruction,  ex-officio,  with  their  asso¬ 
ciates,  w'ho  shall  be  elected  as  herein  provided,  and  their  successors 
are  hereby  created  a  body  corporate  and  politic,  to  be  styled  “The 
oard  of  Education  of  the  State  of  Illinois/’  and  by  that  name  and 
style  shall  have  perpetual  succession,  and'  have  power  to  contract  and 
be  contracted  with,  to  sue  and  be  sued,  to  plead  and  be  impleaded,  to 
acquire,  hold  and  convey  real  and  personal  property;  to  have  and  use 
a  common  seal,  and  to  alter  the  same  at  pleasure;  to  make  and  estab¬ 
lish  by-laws  and  alter  or  repeal  the  same  as  they  shall  deem  necessary 
*01  u!6  £overnment  °f  the  normal  university  hereby  authorized  to  be 
established,  or  any  of  its  departments,  officers,  students  or  employes, 
not  in  conflict  with  the  constitution  and  laws  of  this  State  or  of ‘the 
united  States;  and  to  have  and  exercise  all  powers,  and  be  subject 
to  all  duties  usual  and  incident  to  trustees  of  corporations. 

§  2.  The  Superintendent  of  Public  Instruction,  by  virtue  of  his 
office,  shall  be  a  member  and  secretary  of  said  board,  and  shall  re¬ 
port  to  the  Legislature  at  its  regular  sessions  the  condition  and  ex¬ 
penditures  of  said  normal  university,  and  communicate  such  further 
information  as  the  said  board  of  education  or  the  Legislature  may 
direct.  J 

§  d.  No  member  of  the  board  of  education  shall  receive  any  com¬ 
pensation  for  attendance  on  the  meetings  of  the  board,  except  his 
necessary  traveling  expenses;  which  shall  be  paid  in  the  same  man¬ 
ner  as  the  instructors  employed  in  the  said  normal  university  shall 
be  paid.  At  all  the  stated  and  other  meetings  of  the  board,  called 
by  the  president  or  secretary,  or  any  five  members  of  the  board,  five 
members  shall  constitute  a  quorum,  provided  all  shall  have  been  duly 
notified. 


107 


§  4.  The  objects  of  the  said  normal  university  shall  be  to  qualify- 
teachers  for  the  common  schools  of  this  State,  by  imparting  instruc¬ 
tion  in  the  art  of  teaching,  and  all  branches  of  study  which  pertain 
to  a  common  school  education;  in  the  elements  of  the  natural 
sciences,  including  agricultural  chemistry,  animal  and  vegetable 
physiology;  in  the  fundamental  laws  of  the  United  States  and  the 
State  of  Illinois,  in  regard  to  the  rights  and  duties  of  citizens,  and 
such  other  studies  as  the  board  of  education  may,  from  time  to  time, 
prescribe. 

§  5.  The  board  of  education  shall  hold  its  first  meeting  at  the- 
office  of  the  Superintendent  of  Public  Instruction,  on  the  first  Tues¬ 
day  in  May  next,  at  which  meeting  they  shall  appoint  an  agent,  fix¬ 
ing  his  compensation,  who  shall  visit  the  cities,  villages  and  other 
places  in  the  State,  which  may  be  deemed  eligible  for  the  purpose, 
to  receive  donations  and  proposals  for  the  establishment  and  main¬ 
tenance  of  the  normal  university.  The  board  shall  have  power,  and 
it  shall  be  their  duty,  to  fix  the  permanent  location  of  said  normal 
university,  at  the  place  where  the  most  favorable  inducements  are 
offered  for  that  purpose:  Provided ,  that  such  location  shall  not  be 
difficult  of  access,  or  detrimental  to  the  welfare  and  prosperity  of 
said  normal  university. 

§  6.  The  board  of  education  shall  appoint  a  principal,  lecturer 
on  scientific  subjects,  instructors  and  instructresses,  together  with 
such  other  officers  as  shall  be  required  in  the  said  normal  university; 
fix  their  respective  salaries  and  prescribe  their  several  duties.  They 
shall  also  have  power  to  remove  any  of  them  for  proper  cause,  after 
having  given  ten  days’  notice  of  any  charge,  which  may  be  duly  pre¬ 
sented,  and  reasonable  opportunity  for  defense.  They  shall  also  pre¬ 
scribe  the  text  books,  apparatus  and  furniture  to  be  used  in  the  uni¬ 
versity,  and  provide  the  same;  and  shall  make  all  regulations  neces¬ 
sary  for  its  management.  And  the  board  shall  have  power  to 
recognize  auxiliary  institutions  when  deemed  practicable:  Provided , 
that  such  auxiliary  institutions  shall  not  receive  any  appropriation 
from  the  treasury,  or  the  seminary  or  university  fund. 

§  7.  Each  county  in  the  State  shall  be  entitled  to  gratuitous  in¬ 
struction  for  one*  pupil  in  said  normal  university;  and  each  repre¬ 
sentative  district  shall  be  entitled  to  gratuitous  instruction  for  a 
number  of  pupils  equal  to  the  number  of  representatives  in  said  dis¬ 
trict,  to  be  chosen  in  the  following  manner:  The  school  commis¬ 
sioner  [count}^  superintendent]  in  each  county  shall  receive  and 
register  the  names  of  all  applicants  for  admission  to  said  normal  uni¬ 
versity,  and  shall  present  the  same  to  the  county  court,  or,  in  counties 
acting  under  township  organization,  to  the  board  of  supervisors, 
which  said  county  court  or  board  of  supervisors,  as  the  case  may  be, 
shall,  together  with  the  county  commissioner,  examine  all  applicants 
so  presented,  in  such  a  manner  as  the  board  of  education  may  di¬ 
rect,  and  from  the  number  of  such  as  shall  be  found  to  possess  the 
requisite  qualifications,  such  pupils  shall  be  selected  by  lot;  and  in 
representative  districts  composed  of  more  than  one  county,  the  school 

*  Made  two  by  act  approved  February  14,1861. 


108 


commissioner  and  the  county  judge,  or  the  school  commissioner  and 
chairman  of  the  board  of  supervisors,  in  counties  acting  under  town¬ 
ship  organization,  as  the  case  may  be,  of  the  several  counties  com¬ 
posing  such  representative  district,  shall  meet  at  the  clerk’s  office  of 
the  county  court  of  the  oldest  county,  and  from  the  applicants  so 
presented  to  the  county  court,  or  board  of  supervisors,  of  the  several 
counties  represented,  and  found  to  possess  the  requisite  qualifica¬ 
tions,  shall  select  by  lot  the  number  of  pupils  to  which  said  district 
is  entitled.  The  board  of  education  shall  have  the  discretionary 
power,  if  any  candidate  does  not  sign  and  file  with  the  secretary  of 
the  board  a  declaration  that  he  or  she  shall  teach  in  the  public  schools 
within  the  State,  in  case  that  engagements  can  be  secured  by  reason¬ 
able  efforts,  to  require  such  candidate  to  provide  for  the  payment  of 
such  fees  for  tuition  as  the  board  may  prescribe. 

§  8.  The  interest  of  the  university  and  seminary  fund,  or  such 
part  thereof  as  may  be  found  necessary,  shall  be  and  is  hereby  ap¬ 
propriated  for  the  maintenance  of  said  normal  university,  and  shall 
be  paid  on  the  order  of  the  board  of  education  from  the  treasury  of 
the  State;  but  in  no  case  shall  any  part  of  the  interest  of  said  fund 
be  applied  to  the  purchase  of  sites,  or  for  buildings  for  said  uni¬ 
versity. 

§  9.  The  board  shall  have  power  to  appropriate  the  one  thousand 
dollars  received  from  the  Messrs.  Merriam,  of  Springfield,  Massa¬ 
chusetts,  by  the  late  Superintendent,  to  the  purchase  of  apparatus 
for  the  use  of  the  normal  university,  when  established,  and  hereafter 
all  gifts,  grants  and  demises  which  may  be  made  to  the  said  normal 
university  shall  be  applied  in  accordance  with  the  wishes  of  the 
donors  of  the  same. 

§  10.  The  board  of  corporators  herein  named,  and  their  succes¬ 
sors,  shall  each  of  them  hold  their  office  for  the  term  of  six  years: 
Provided,  that  at  the  first  meeting  of  said  board,  the  said  corporators 
shall  determine  by  lot,  so  that  one-third  shall  hold  their  office  for  two 
years,  one-third  for  four  years  and  one-third  for  six  years.  The 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  shall 
fill  all  vacancies  which  shall,  at  any  time,  occur  in  said  board,  by  ap¬ 
pointment  of  suitable  persons  to  fill  the  same. 

§  11.  At  the  first  meeting  of  the  board,  and  at  each  biennial  meet¬ 
ing  thereafter,  it  shall  be  the  duty  of  said  board  to  elect  one  of  their 
number  president,  who  shall  serve  until  the  next  biennial  meeting  of 
the  board,  and  until  his  successor  is  elected. 

§  12.  At  each  biennial  meeting,  it  shall  be  the  duty  of  the  board 
to  appoint  a  treasurer,  who  shall  not  be  a  member  of  the  board,  and 
who  shall  give  bond  with  such  security  as  the  board  may  direct,  con¬ 
ditioned  for  the  faithful  discharge  of  the  duties  of  his  office. 

§  13.  This  act  shall  take  effect  on  and  after  its  passage,  and  be 
published  and  distributed  as  an  appendix  to  the  schooTlaw. 

Approved  February  18,  1857. 


109 


SOUTHERN  ILLINOIS  NORMAL  UNIVERSITY,  CARBONDALE. 

An  Act  to  establish  and  maintain  the  Southern  Illinois  Normal 

University. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly :  That  a  body  politic  and  cor¬ 
porate  is  hereby  created,  by  the  name  of  the  Southern  Illinois  Nor¬ 
mal  University,  to  have  perpetual  succession,  with  power  to  contract 
and  be  contracted  with,  to  sue  and  be  sued,  to  plead  and  be  im¬ 
pleaded,  to  receive,  by  any  legal  mode  of  transfer  or  conveyance, 
property  of  any  description,  and  to  have,  hold  and  enjoy  the  same, 
with  the  rents  and  profits  thereof,  and  to  sell  and  convey  the  same : 
also,  to  make  and  use  a  corporate  seal  with  power  to  break  or  change 
the  same,  and  to  adopt  by-laws,  rules  and  regulations  for  the  govern¬ 
ment  of  its  members,  officers,  agents  and  employes:  Provided ,  such 
by-laws  shall  not  conflict  with  the  Constitution  of  the  United  States 
or  of  this  State. 

§  2.  The  objects  of  the  said  Southern  Illinois  Normal  University 
shall  be  to  qualify  teachers  for  the  common  schools  of  this  State  by 
imparting  instruction  in  the  art  of  teaching  in  all  branches  of  study 
which  pertain  to  a  common  school  education,  in  the  elements  of  the 
natural  sciences,  including  agricultural  chemistry,  animal  and 
vegetable  physiology,  in  the  fundamental  laws  of  the  United  States, 
and  of  the  State  of  Illinois,  in  regard  to  the  rights  and  duties  of 
citizens,  and  such  other  studies  as  the  board  of  education  may,  from 
time  to  time  prescribe. 

§  3.  The  powers  of  the  said  corporation  shall  be  vested  in,  and 
its  duties  performed  by,  a  board  of  trustees,  not  exceeding  five  in 
number,  to  be  appointed  as  hereinafter  provided. 

§  4.  Upon  the  passage  of  this  act,  the  Governor  shall  nominate 
•and,  by  and  with  the  advice  of  the  Senate,  appoint  five  citizens  of 
the  State  as  trustees  of  said  institution,  two  of  whom  shall  serve  for 
two  years,  and  three  for  four  years,  and  until  their  successors  are 
appointed  and  enter  on  duty,  and  successors  in  each  class  shall  be 
appointed  in  like  manner  for  four  years:  Provided,  that  in  case  of 
a  vacancy  by  death  or  otherwise,  the  Governor  shall  appoint  a  suc¬ 
cessor  for  the  remainder  of  the  term  vacated:  Provided,  that  not 
more  than  two  members  of  said  board  shall  be  residents  of  any  one 
county. 

§  5.  The  said  trustees  shall  hold  their  first  meeting  at  Oentralia. 
within  one  month  after  the  passage  of  this  act,  at  which  meeting 
they  shall  elect  one  of  their  body  as  president  and  another  as 
secretary;  and  cause  a  regular  record  to  be  made  and  kept  of  all 
their  proceedings.  The  said  board  shall  also,  whenever  his  services 
shall  be  required,  appoint  a  treasurer,  not  a  member  of  the  board, 
who  shall  give  bonds  to  the  People  of  the  State  of  Illinois  in  double 
the  amount  of  the  largest  sum  likely  to  come  into  his  hands,  the 
penalty  to  be  fixed  by  the  board,  conditioned  for  the  faithful  dis¬ 
charge  of  his  duties  as  treasurer,  with  two  or  more  securities;  the 
treasurer  may  also  be  required  to  execute  bonds  from  time  to  time 
as  the  board  may  direct. 


110 


§  6.  The  treasurer  shall  keep  an  accurate  account  of  all  moneys 
received  and  paid  out;  the  account  for  articles  and  supplies  of  every 
kind  purchased  shall  be  kept  and  reported,  so  as  to  show  the  kind, 
quantity  and  cost  thereof. 

§  7.  No  member,  officer,  agent  or  employe  of  this  board  shall  be 
a  party  interested  in  any  contract  for  materials,  supplies  or  services 
other  than  such  as  pertain  to  their  positions  and  duties. 

§  8.  Accounts  of  this  institution  shall  be  stated  and  settled  an¬ 
nually  with  the  Auditor  of  Public  Accounts,  or  with  such  person  or 
persons  as  may  be  designated  by  law  for  that  purpose.  And  the 
trustees  shall,  ten  days  previous  to  each  regular  session  of  the  Gen¬ 
eral  Assembly,  submit  to  the  Governor  a  report  of  all  their  actions 
and  proceedings  in  the  execution  of  their  trust,  with  a  statement  of 
all  accounts  connected  therewith,  to  be  by  the  Governor  laid  before 
the  General  Assembly. 

§  9.  The  said  board  shall  meet  quarterly  at  such  places  or  place 
as  may  be  agreed  on,  and,  until  the  buildings  are  completed,  as 
much  oftener  as  may  be  necessary;  and  thereafter  the  meetings  shall 
be  at  the  university. 

§  10.  The  trustees  shall,  as  soon  as  practicable,  advertise  for  pro¬ 
posals  from  localities  desiring  to  secure  the  location  of  said  normal 
university,  and  shall  receive,  for  not  less  than  three  months  from  the 
date  of  their  first  advertisement,  proposals  for  points  situated  as 
hereinafter  mentioned,  to  donate  lands,  buildings,  bonds,  moneys,  or 
other  valuable  consideration,  to  the  State  in  aid  of  the  foundation 
and  support  of  said  university;  and  shall,  at  a  time  previously  fixed 
by  advertisement,  open  and  examine  such  proposals,  and  locate  the 
institution  at  such  a  point  as  shall,  all  things  considered,  offer  the 
most  advantageous  conditions.  The  land  shall  be  selected  south  of 
the  railroad,  or  within  six  miles  north  of  said  road,  passing  from  St. 
Louis  to  Terre  Haute,  known  as  the  Alton  and  Terre  Haute  railroad, 
with  a  view  of  obtaining  a  good  supply  of  water  and  other  conven¬ 
iences  for  the  use  of  the  institution. 

§  11.  Upon  the  selection  and  securing  of  the  land  aforesaid,  the 
trustees  shall  proceed  to  contract  for  the  erection  of  buildings  in 
which  to  furnish  educational  facilities  for  such  number  of  students 
as  hereinafter  provided  for,  together  with  the  out-houses  required  for 
use,  also  for  the  improvement  of  the  land  so  as  to  make  it  available 
for  the  use  of  the  institution.  The  buildings  shall  not  be  more  than 
two  stories  in  height,  and  be  constructed  upon  the  most  approved 
plan  for  use,  shall  front  the  east,  and  shall  be  of  suffiient  capacity  to 
accommodate  not  exceeding  three  hundred  students,  with  the  officers 
and  necessary  attendants.  The  outside  walls  to  be  of  hewn  stone  or 
brick,  partition  walls  of  brick,  roofs  of  slate,  and  the  whole  buildings 
made  fire-proof,  and  so  constructed  as  to  be  warmed  in  the  most 
healthy  and  economical  manner,  with  ample  ventilation  in  all  its 
parts.  The  out-houses  shall  be  so  placed  and  constructed  as  to 
avoid  all  danger  to  the  main  buildings  from  fire  originating  in  any 
one  of  them.  The  board  shall  appoint  an  honest,  competent  super¬ 
intendent  of  the  buildings  and  improvements  aforesaid,  whose  duty 


Ill 

shall  be  to  be  always  present  during  the  progress  of  the  work,  and 
see  that  every  stone,  brick  and  piece  of  timber  used  is  sound  and 
properly  placed,  and  whose  right  it  shall  be  to  require  contractors 
and  their  employes  to  conform  to  his  directions  in  executing  their 
-contracts:  Provided ,  however ,  that  said  board  of  trustees  may 

.appoint  any  one  of  their  number  such  superintendent:  And,  pro¬ 
vided  farther,  that  the  buildings  aforesaid  may  be  erected  and 
improvements  made  under  the  direction  of  the  board  and  its  super¬ 
intendent,  without  letting  the  same  to  contractors. 

§  12.  The  said  board  of  trustees  shall  appoint  instructors  and 
instructresses,  together  with  such  other  officers  as  may  be  required 
in  the  said  normal  university;  fix  their  respective  salaries  and 
prescribe  their  several  duties.  They  shall  also  have  power  to  remove 
any  of  them  for  proper  cause  after  having  given  ten  days’  notice  of 
any  charge  which  may  be  duly  presented,  and  reasonable  opportunity 
of  defense.  They  shall  also  prescribe  the  text  books,  apparatus  and 
furniture  to  be  used  in  the  university  and  provide  the  same,  and 
shall  make  all  regulations  necessary  for  its  management. 

§  13.  All  the  counties  shall  be  entitled  to  gratuitous  instruction 
for  two  pupils  for  each  county  in  said  normal  university,  and  each 
Representative  district  shall  be  entitled  to  gratuitous  instruction  for 
a  number  of  pupils  equal  to  the  number  of  representatives  in  said 
I  district,  to  be  chosen  in  the  following  manner:  The  superintendent 
•of  schools  in  each  county  shall  receive  and  register  the  names  of  all 
^'applicants  for  admission  in  said  normal  university,  and  shall  present 
the  same  to  the  county  court,  or,  in  counties  acting  under  township 
[organization,  to  the  board  of  supervisors,  which  said  county  court 
or  board  of  supervisors,  as  the  case  may  be,  shall,  together  with  the 
superintendent  of  schools,  examine  all  applicants  so  presented,  in 
such  manner  as  the  board  of  trustees  may  direct;  and  from  the  num¬ 
ber  of  such  as  shall  be  found  to  possess  the  requisite  qualifications, 
such  pupils  shall  be  selected  by  lot,  and  in  representative  districts 
composed  of  more  than  one  county,  the  superintendent  of  schools 
and  county  judge,  or  the  superintendent  of  schools  and  chairman  of 
the  board  of  supervisors  in  counties  acting  under  township  organi¬ 
zation,  as  the  case  may  be,  of  the  several  counties  composing  such 
representative  district,  shall  meet  at  the  clerk’s  office  of  the  county 
court  of  the  oldest  county,  and  from  the  applicants  so  presented  to 
the  county  court  or  board  of  supervisors  of  the  several  counties 
,  represented,  and  found  to  possess  the  requisite  qualifications,  shall 
r  select  by  lot  the  number  of  pupils  to  which  said  district  is  entitled. 
The  board  of  trustees  shall  have  discretionary  powTer,  if  any  candi- 
|date  does  not  sign  and  file  with  the  secretary  of  the  board  a 
declaration  that  he  or  she  will  teach  in  the  public  schools  within 
I  the  State  not  less  than  three  years,  in  case  that  engagements  can  be 
^secured  by  reasonable  efforts,  to  require  [the]  candidate  to  provide 
;  for  the  payment  of  such  fees  for  tuition  as  the  board  may  prescribe. 

i  §  14.  To  enable  the  board  of  trustees  to  erect  the  buildings  and 
make  the  improvements  preparatory  to  the  reception  of  pupils  in 
•said  institution,  and  to  supply  the  necessary  furniture  for  the  same, 


112 


the  sum  of  seventy-five  thousand  dollars  is  hereby  appropriated  out  o 
the  State  treasury,  payable  on  the  orders  of  said  board,  as  requiret 
for  use,  in  sums  not  exceeding  ten  thousand  dollars  per  month.  Tin 
first  payment  to  be  made  on  the  first  day  of  June  next,  and  subse 
quent  payments  monthly  thereafter,  but  each  successive  order  fo 
subsequent  payments  shall  be  accompanied  by  an  account  sustained 
by  vouchers,  showing,  to  the  satisfaction  of  the  Auditor,  the  expen 
diture  of  the  previous  payment. 

§  15.  The  expense  of  building,  improving,  repairing  and  sup 
plying  fuel  and  furniture,  and  the  salaries  or  compensation  of  th 
trustees,  superintendent,  assistants,  agents  and  employes,  shall  be  ? 
charge  upon  the  State  treasury;  all  other  expenses  shall  be  charge 
able  against  pupils,  and  the  trustees  shall  regulate  the  charges 
accordingly. 

§  16.  If  the  buildings  and  improvements  herein  provided  fo 
shall  be  ready  for  the  reception  of  pupils  before  the  next  regula 
session  of  the  General  Assembly,  the  Governor  is  authorized  t< 
make  orders  on  the  Auditor,  directing  him  to  issue  warrants  at  th 
end  of  each  quarter  of  the  fiscal  year  for  amounts  sufficient  to  pa; 
the  expenses  chargeable  against  the  State,  and  the  Auditor  shal 
issue  warrants  accordingly,  which  shall  be  paid  by  the  Treasurer. 

§  17.  Trustees  of  this  institution  shall  receive  their  personal  am 
traveling  expenses,  and  the  Auditor  is  hereby  authorized  to  issue  hi 
warrants  quarterly,  upon  taking  the  affidavit  of  the  trustees  as  t< 
the  actual  time  employed,  and  their  personal  and  traveling  expenses 

§  18.  This  act  shall  take  effect  and  be  in  force  from  and  after  it 
passage. 

Approved  March  9,  1869. 


EASTERN  ILLINOIS  STATE  NORMAL  SCHOOL,  CHARLESTON. 

An  [Act]  To  establish  and  maintain  the  Eastern  Illinois  Stcit 

Normal  School. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois 
represented  in  the  General  Assembly :  That  a  body  politic  am 
corporate  is  hereby  created,  b}7"  the  name  of  the  Eastern  Illinoi 
State  Normal  School,  to  have  perpetual  succession  with  power  t 
contract  and  be  contracted  with,  to  sue  and  be  sued,  to  plead  and  b 
impleaded,  to  receive  by  any  legal  mode  or  transfer  or  conveyanc 
property  of  any  description,  and  to  have  and  hold  and  enjoy  th 
same;  also  to  make  and  use  a  corporate  seal  with  power  to  break  o 
change  the  same,  and  adopt  by-laws,  rules  and  regulations  for  th 
government  of  its  members,  official  agents  and  employes:  Provide < 
such  by-laws  shall  not  conflict  with  the  Constitution  of  the  Unitei 
States  or  of  this  State. 

§  2.  The  object  of  the  said  Eastern  Illinois  State  Normal  Schoc 
shall  be  to  qualify  teachers  for  the  common  schools  of  this  State  b 


113 


imparting  instructions  in  the  art  of  teaching  in  all  branches  of  study 
which  pertain  to  a  common  school  education;  in  the  elements  of  the 
natural  and  of  the  physical  sciences;  in  the  fundamental  laws  of  the 
United  States  and  of  the  State  of  Illinois,  in  regard  to  the  rights 
and  duties  of  citizens. 

§  3.  The  powers  of  the  said  corporation  shall  be  vested  fin]  and 
its  duties  performed  by,  a  board  of  trustees,  not  exceeding  five  in 
number,  to  be  appointed  as  hereinafter  provided. 

§  4.  Upon  the  passage  of  this  act,  the  Governor  shall  nominate, 
and,  by  and  with  the  advice  of  the  Senate,  appoint  five  citizens  who 
shall  be  residents  of  the  State  outside  of  the  territory  within  which 
this  school  is  to  be  located,  as  trustees  of  said  institution,  two  of 
whom  shall  serve  for  two  years  and  three  for  four  years,  and  until 
their  successors  a/e  appointed  and  enter  on  duty;  and  successors  in 
each  class  shall  be  appointed  in  like  manner  for  four  years:  Pro¬ 
vided,  that  in  case  of  a  vacancy  by  death  or  otherwise,  the  Governor 
shall  appoint  a  successor  for  the  remainder  of  the  term  vacated:  Pro¬ 
vided,  that  no  two  members  of  said  board  shall  be  residents  of  any 
one  county  or  in  one  senatorial  district.  The  Superintendent  of  Pub¬ 
lic  Instruction  shall  be  a  trustee  of  said  school,  ex-officio. 

§  5.  The  said  trustees  shall  hold  their  first  meeting  at . 

wfithin  one  month  from  the  time  this  act  goes  into  effect,  at  which 
meeting  they  shall  elect  one  of  their  body  as  president  and  another 
as  secretary,  and  cause  a  regular  record  to  be  made  and  kept  of  all 
their  proceedings.  The  said  board  shall  also,  whenever  his  services 
shall  be  required,  appoint  a  treasurer,  not  a  member  of  the  board,  who 
shall  give  bonds  to  the  People  of  the  State  of  Illinois  in  double  the 
amount  of  the  largest  sum  likely  to  come  into  his  hands,  the  penalty 
to  be  fixed  by  the  board,  conditioned  for  the  faithful  discharge  of 
his  duties  as  treasurer,  with  two  or  more  securities;  the  treasurer 
may  also  be  required  to  execute  bonds  from  time  to  time  as  the  board 
may  direct. 

§  6.  The  treasurer  shall  keep  an  accurate  account  of  all  moneys 
received  and  paid  out;  the  account  for  articles  and  supplies  of  every 
kind  purchased  shall  be  kept  and  reported,  so  as  to  show  the  kind, 
quantity  and  cost  thereof. 

§  7.  No  member,  officer,  agent  or  employe  of  the  board  shall  be  a 
party  to,  or  interested  in,  any  contract  for  materials  or  supplies. 

§  8.  Accounts  of  this  institution  shall  be  stated  and  settled  an¬ 
nually  with  the  Auditor  of  Public  Accounts,  or  with  such  person  or 
persons  as  may  be  designated  by  law  for  that  purpose.  And  the 
trustees  shall,  ten  days  previous  to  each  regular  session  of  the  Gen¬ 
eral  Assembly,  submit  to  the  Governor  a  report  of  all  their  actions 
and  proceedings  in  the  execution  of  their  trust,  with  a  statement  of 
all  accounts  connected  therewith,  to  be  by  the  Governor  laid  before 
the  General  Assembly. 

§  9.  The  said  board  shall  meet  quarterly  at  such  place  or  places 
as  may  be  agreed  on,  and,  until  the  buildings  are  completed,  as  much 
—8 


114 


oftener  as  may  be  necessary,  and  thereafter  the  meetings  shall  be  at  ; 
the  school. 

§  10.  The  trustees  shall,  as  soon  as  practicable  after  their  ap¬ 
pointment,  arrange  to  receive  from  the  localities  desiring  to  secure 
the  location  of  said  school,  proposals  for  donation  of  a  site,  of  not 
less  than  forty  acres  of  ground,  and  other  valuable  considerations, 
and  shall  locate  the  same  in  the  place  offering  the  most  advantageous 
conditions,  all  things  considered,  in  that  portion  of  the  State  lying 
north  of  the  Baltimore  &  Ohio  Southwestern  Railroad,  and  south  of 
the  Wabash  Railroad,  and  east  of  the  main  line  of  the  Illinois  Cen¬ 
tral  Railroad,  and  the  counties  through  which  said  roads  run,  with  a 
view  of  obtaining  a  good  water  supply  and  other  conveniences  for 
the  use  of  the  institution. 

§  11.  Upon  the  selection  and  securing  of  the  land  aforesaid,  the 
trustees  shall  proceed  to  secure  plans,  and  to  contract  for  the  erec¬ 
tion  of  buildings  in  which  to  furnish  educational  facilities  for  such 
number  of  students  as  hereinafter  provided  for,  together  with  the 
out-liouses  required  for  use;  also  for  the  improvement  of  the  land  so 
as  to  make  it  available  for  the  use  of  the  institution.  The  buildings 
shall  not  be  more  than  two  stories  in  height,  and  be  constructed  upon 
the  most  approved  plans  for  use,  and  shall  be  of  sufficient  capacity 
to  accommodate  not  less  than  one  thousand  students,  with  the  offi¬ 
cers  and  necessary  attendants.  The  outside  walls  to  be  of  hewn 
stone  or  brick,  partition  walls  of  brick,  or  equally  good  fire-proof 
material;  roof  of  slate,  and  the  whole  buildings  made  fire  resisting, 
and  so  constructed  as  to  be  warmed  in  the  most  healthful  and  eco¬ 
nomical  manner,  with  ample  ventilation  in  all  its  parts.  The  out¬ 
houses  shall  be  so  placed  and  constructed  as  to  avoid  all  danger  to 
the  main  buildings  from  fire  originating  in  any  one  of  them.  The 
board  shall  appoint  a  trustworthy  and  competent  superintendent  of 
the  buildings  and  improvements  aforesaid,  whose  duty  it  shall  be  to 
be  always  present  during  the  progress  of  the  work,  and  see  that  every 
brick,  stone  and  piece  of  timber  used  is  sound  and  properly  placed, 
and  whose  right  it  shall  be  to  require  contractors  and  their  employes 
to  conform  to  his  directions  in  executing  their  contracts:  Provided, 
however,  that  said  board  of  trustees  shall  not  appoint  any  one  of 
their  number  such  superintendent:  And,  provided  further,  that 
the  buildings  aforesaid  maybe  erected  and  improvements  made  under 
the  direction  of  the  board  and  superintendent,  without  letting  the 
same  to  contractors. 

§  12.  The  said  board  of  trustees  shall  appoint  instructors,  together 
with  such  other  officers  as  may  be  required  in  the  said  normal  schools, 
fix  their  respective  salaries  and  prescribe  their  several  duties.  They 
shall  also  have  power  to  remove  any  of  them  for  proper  cause  after 
having  given  ten  days’  notice  of  any  charge  which  may  be  duly  pre¬ 
sented,  and  reasonable  opportunity  of  defense.  They  shall  also  pre¬ 
scribe  the  text-books,  apparatus  and  furniture  to  be  used  in  the 
school,  and  provide  the  same,  and  shall  make  all  regulations  neces¬ 
sary  for  this  management. 


115 


§  13.  All  the  counties  of  the  State  shall  be  entitled  to  gratuitous 
instruction  for  two  pupils  for  each  county  in  said  normal  school,  and 
-each  representative  district  shall  be  entitled  to  gratuitous  instruction 
for  a  number  of  pupils  equal  to  the  number  of  representatives  in 
said  district,  to  be  chosen  in  the  following  manner;  The  superin¬ 
tendent  of  schools  in  each  county  shall  receive  and  register  the 
names  of  all  applicants  for  admission  in  said  normal  school,  and 
.shall  present  the  same  to  the  county  court,  or  in  counties  acting  under 
township  organization,  to  the  board  of  supervisors,  as  the  case  may 
be,  shall,  together  with  the  superintendent  of  schools,  examine  all 
applicants  so  presented,  in  such  manner  as  the  board  of  trustees  may 
direct;  and  from  the  number  of  such  as  shall  be  found  to  possess  the 
requisite  qualifications,  such  pupils  shall  be  selected  by  lot;  and  in 
representative  districts  composed  of  more  than  one  county,  the  su¬ 
perintendent  of  schools  and  county  judge,  or  the  superintendent  of 
schools  and  the  chairman  of  the  board  of  supervisors  in  counties 
acting  under  township  organization,  as  the  case  may  be,  of  the  sev¬ 
eral  counties  conqDosing  such  rejjresentative  district,  shall  meet  at 
the  clerk’s  office  of  the  county  court  of  the  oldest  county,  and  from 
the  applicants  so  presented  to  the  county  court  or  board  of  super¬ 
visors  of  the  several  counties  represented,  and  found  to  possess  the 
requisite  qualifications,  shall  select  by  lot  the  pupils  to  which  said 
district  is  entitled.  The  board  of  trustees  shall  have  discretionary 
power,  if  any  candidate  does  not  sign  and  file  with  the  secretary  of 
the  board  a  declaration  that  he  or  she  will  teach  in  the  public  schools 
within  the  State  not  less  than  three  years,  in  case  that  engagements 
can  be  secured  by  reasonable  efforts,  to  require  the  candidate  to  pro¬ 
vide  for  the  payment  of  such  fees  for  tuition,  as  the  board  may  pre¬ 
scribe. 

§  14.  To  enable  the  board  of  trustees  to  erect  the  buildings  and 
make  the  improvements  preparatory  to  the  reception  of  pupils  in 
said  institution,  to  supply  the  necessary  furniture  for  the  same,  and 
for  the  first  year’s  instruction,  the  sum  of  fifty  thousand  dollars  is 
hereby  appropriated  out  of  the  State  treasury,  payable  on  the  orders 
of  said  board,  as  required  for  use,  in  sums  not  exceeding  ten  thou¬ 
sand  dollars  per  month ;  the  first  payment  to  be  made  on  the  first  day 
of  July,  1896,  and  subsequent  payments  shall  be  accompanied  by  an 
account,  sustained  by  vouchers,  showing  to  the  satisfaction  of  the 
Auditor  and  with  the  approval  of  the  Governor,  the  expenditure  of 
the  previous  payment. 

§  15.  The  expense  of  the  building,  improving,  repairing  and  sup¬ 
plying  fuel  and  furniture,  and  the  necessary  appliances  and  appara¬ 
tus  for  conducting  said  school,  and  the  salaries  or  compensation  of 
trustees,  superintendent,  assistants,  agents  and  employes,  shall  be  a 
charge  upon  the  State  treasury;  all  other  expenses  shall  be  charge¬ 
able  against  pupils  and  the  trustees  shall  regulate  the  charges  accord¬ 
ingly. 

§  16.  If  the  buildings  and  improvements  herein  provided  for 
shall  be  ready  for  the  reception  of  pupils  before  the  next  regular 
.session  of  the  General  Assembly,  the  Governor  is  authorized  to  make 


116 


orders  on  the  Auditor,  directing  him  to  issue  warrants  at  the  end  of 
each  quarter  of  the  fiscal  year  for  amounts  sufficient  to  pay  expenses 
chargeable  agaipst  the  State  out  of  the  above  named  appropriation 
of  fifty  thousand  dollars,  and  the  Auditor  shall  issue  warrants  accord¬ 
ingly,  which  shall  be  paid  by  the  Treasurer. 

§  17.  The  trustees  of  the  institution  shall  receive  their  personal 
and  traveling  expenses,  and  the  Auditor  is  hereby  authorized  to  issue  j 
warrants  quarterly,  upon  taking  the  affidavit  of  the  trustees  as  to  the 
actual  time  employed,  and  their  personal  and  traveling  expenses. 

Approved  May  22,  1895. 


NORTHERN  ILLINOIS  STATE  NORMAL  SCHOOL,  DEKALB. 

An  Act  to  establish  and  to  maintain  the  Northern  Illinois  State  | 

Normal  School. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stcde  of  Illinois, 
represented  in  the  General  Assembly:  That  a  body  politic  and1 
corporate  is  hereby  created,  by  the  name  of  the  Northern  Illinois 
State  Normal  School,  to  have  perpetual  succession,  with  power  to 
contract  and  be  contracted  with,  to  sue  and  be  sued,  to  plead  and  be 
impleaded,  to  receive  by  any  legal  mode  or  transfer  or  conveyance 
property  of  any  description,  and  to  have  and  hold  and  enjoy  the 
same;  also  to  make  and  use  a  corporate  seal  with  power  to  break  or 
change  the  same,  and  adopt  by-laws,  rules  and  regulations  for  the 
government  of  its  members,  official  agents  and  employes:  Provided,. 
such  by-laws  shall  not  conflict  with  the  Constitution  of  the  United  ! 
States  or  of  this  State. 

§  2.  The  object  of  the  said  Northern  Illinois  State  Normal  School 
shall  be  to  qualify  teachers  for  the  common  schools  of  this  State  by 
imparting  instruction  in  the  art  of  teaching  in  all  branches  of  study 
which  pertain  to  a  common  school  education,  in  the  elements  of  the 
natural  and  of  the  physical  sciences,  in  the  fundamental  laws  of  the  I 
United  States  and  of  the  State  of  Illinois,  in  regard  to  the  rights  and 
duties  of  citizens. 

§  3.  The  powers  of  the  said  corporation  shall  be  vested  in,  and  its 
duties  performed  by,  a  board  of  trustees,  not  exceeding  five  in  num¬ 
ber,  to  be  appointed  as  hereinafter  provided. 

§  4.  Upon  the  passage  of  this  act,  the  Governor  shall  nominate, 
and  by  and  with  the  advice  of  the  Senate,  appoint  five  citizens  of  the 
State  as  trustees  of  said  institution,  two  of  whom  shall  serve  for  two 
years,  and  three  for  four  years,  and  until  their  successors  are  ap¬ 
pointed  and  enter  on  duty,  and  successors  in  each  class  shall  be  ap¬ 
pointed  in  like  manner  for  four  years:  Provided,  that  in  case of  a 
vacancy  by  death  or  otherwise,  the  Governor  shall  appoint  a  suc¬ 
cessor  for  the  remainder  of  the  term  vacated:  Provided,  that  no  two 
members  of  said  board  shall  be  residents  of  any  one  county,  or  in  one 
congressional  district.  The  Superintendent  of  Public  Instruction 
shall  be  a  trustee  of  this  school,  ex-officio * 


117 


f.  §  5.  The  said  trustees  shall  hold  their  first  meeting  at . 

. within  one  month  from  the  time  this  act  goes  into 

I  effect,  at  which  meeting  they  shall  elect  one  of  their  body  as  president 
and  another  as  secretary,  and  cause  a  regular  record  to  be  made  and 
kept  of  all  their  proceedings.  The  said  board  shall  also,  whenever 
his  services  shall  ' be  required,  appoint  a  treasurer,  not  a  member  of 
the  board,  who  shall  give  bonds  to  the  People  of  the  State  of  Illinois 
in  double  the  amount  of  the  largest  sum  likely  to  come  into  his 
hands,  the  penalty  to  be  fixed  by  the  board,  conditioned  for  the  faith¬ 
ful  discharge  of  his  duties  as  treasurer,  with  two  or  more  securities; 
the  treasurer  may  also  be  required  to  execute  bonds  from  time  to  time 
as  the  board  may  direct. 

§  6.  The  treasurer  shall  keep  an  accurate  account  of  all  moneys 
received  and  paid  out;  the  account  for  articles  and  supplies  of  every 
kind  purchased  shall  be  kept  and  reported,  so  as  to  show  the  kind, 
quantity  and  cost  thereof. 

§,  7.  No  member,  officer,  agent  or  employe  of  the  board  shall  be  a 
party  to  or  interested  in  any  contract  for  materials  or  suj)plies. 

|  §  8.  Accounts  of  this  institution  shall  be  stated  and  settled  an- 

inually  with  the  Auditor  of  Public  Accounts,  or  with  such  person  or 
persons  as  may  be  designated  by  lawT  for  that  purpose.  And  the  trus¬ 
tees  shall,  ten  days  previous  to  each  regular  session  of  the  General  As¬ 
sembly,  submit  to  the  Governor  a  report  of  all  their  actions  and  pro¬ 
ceedings  in  the  execution  of  their  trust,  with  a  statement  of  all  ac¬ 
counts  connected  therewith,  to  be  by  the  Governor  laid  before  the 
/General  Assembly. 

§  9.  The  said  board  shall  meet  quarterly  at  such  place  or  places 
las  may  be  agreed  on,  and,  until  the  buildings  are  completed,  as  much 
oftener  as  necessary,  and  thereafter  the  meetings  shall  be  at  the 
jschool. 

§  10.  The  trustees  shall,  as  soon  as  practicable  after  th^ir  appoint¬ 
ment,  arrange  to  receive  from  the  localities  desiring  to  secure  the 
location  of  such  school,  proposals  for  the  donation  of  a  site,  of  not 
less  than  forty  acres  of  ground,  and  other  valuable  considerations, 
land  shall  locate  the  same  in  the  place  offering  the  most  advantageous 
conditions,  all  things  considered,  as  nearly  central  as  possible  in  that 
portion  of  the  State  lying  north  of  the  main  line  of  the  C.,  R.  I.  &  P. 
R.  R.,  with  a  view  of  obtaining  a  good  water  supply  and  other  con- 
weniences  for  the  use  of  the  institution. 

§  11.  Upon  the  selection  and  securing  the  land  aforesaid,  the 
trustees  shall  proceed  to  secure  plans  and  to  contract  for  the  erection 
(of  buildings  in  which  to  furnish  educational  facilities  for  such  num- 
(ber  of  students  as  hereinafter  provided  for,  together  with  the  out- 
.houses  required  for  use,  also  for  the  improvement  of  the  land  so  as 
'to  make  it  available  for  the  use  of  the  institution.  The  building  shall 
.not  be  more  than  two  stories  in  height,  and  be  constructed  upon  the 
most  approved  plan  for  use,  and  shall  fc>e  of  sufficient  capacity  to  ac-  , 
.commodate  not  less  than  one  thousand  students,  with  the  officers  and 
necessary  attendants.  The  outside  walls  to  be  of  hewn  stone  or 
brick;  partition  walls  of  brick,  or  equally  good  fire-proof  material; 


118 


roof  of  slate,  and  the  whole  buildings  made  fire-resisting,  and  so  con¬ 
structed  as  to  be  warmed  in  the  most  healthful  and  economical  man¬ 
ner,  with  ample  ventilation  in  all  its  parts.  The  outhouses  shall  be 
so  placed  and  constructed  as  to  avoid  all  danger  to  the  main  build¬ 
ings  from  fire  originating  in  any  one  of  them.  The  board  shall  ap¬ 
point  a  trustworthy  and  competent  superintendent  of  the  buildings 
and  improvements  aforesaid,  whose  duty  it  shall  be  to  be  always  pres¬ 
ent  during  the  progress  of  the  work,  and  see  that  every  brick,  stone 
and  piece  of  timber  used  is  sound  and  properly  placed,- and  whose 
right  it  shall  be  to  require  contractors  and  their  employes  to  conform 
to  his  directions  in  executing  their  contracts:  Provided ,  however , 
that  said  board  of  trustees  shall  not  appoint  any  one  of  their  number 
such  superintendent:  And,  provided  farther,  that  the  buildings 
aforesaid  may  be  erected  and  improvements  made  under  the  direc¬ 
tion  of  the  board  and  superintendent,  without  letting  the  same  to 
contractors. 

§  12.  The  said  board  of  trustees  shall  appoint  instructors,  together 
with  such  other  officers  as  may  be  required  in  the  said  normal  schools, 
fix  their  respective  salaries  and  prescribe  their  several  duties.  They 
shall  also  have  power  to  remove  any  of  them  for  proper  cause  after 
having  given  ten  days  notice  of  any  charge  which  may  be  duly  pre¬ 
sented,  and  reasonable  opportunity  of  defense.  They  shall  also  pre¬ 
scribe  the  text  books,  apparatus  and  furniture  to  be  used  in  the  school 
and  provide  the  same,  and  shall  make  all  regulations  necessary  for 
this  management. 

§  13.  All  the  counties  of  the  State  shall  be  entitled  to  gratuitous 
instruction  for  two  pupils  for  each  county  in  said  normal  school,  and 
each  representative  district  shall  be  entitled  to  gratuitous  instruc¬ 
tion  for  a  number  of  pupils  equal  to  the  number  of  representatives 
in  said  district,  to  be  chosen  in  the  following  manner:  The  superin¬ 
tendent  of  schools  in  each  county  shall  receive  and  register  the 
names  of  all  .applicants  for  admission  in  said  normal  school,  and  shall 
present  the  same  to  the  county  court,  or  in  counties  acting  under 
township  organization,  to  the  boaTd  of  supervisors,  as  the  case  may 
be,  shall,  together  with  the  superintendent  of  schools,  examine  all 
applicants  so  presented,  in  such  manner  as  the  board  of  trustees  may 
direct,  and  from  the  number  of  such  as  shall  be  found  to  possess  the 
requisite  qualifications,  such  pupils  shall  be  selected  by  lot.  and  in 
representative  districts  composed  of  more  than  one  county,  the  super¬ 
intendent  of  schools  and  county  judge,  or  the  superintendent  of 
schools  and  the  chairman  of  the  board  of  supervisors  in  the  counties 
acting  under  township  organization,  as  the  case  may  be,  of  the  sev¬ 
eral  counties  composing  such  representative  district,  shall  meet  at 
the  clerk’s  office  of  the  county  court  of  the  oldest  county,  and  from 
the  applicants  so  presented  to  the  county  court  or  board  of  super¬ 
visors  of  the  several  counties  represented,  and  found  to  possess  the 
requisite  qualifications,  shall  select  by  lot  the  pupils  to  which  said 
district  is  entitled.  The  board  of  trustees  shall  have  discretionary 
power,  if  any  candidate  does  not  sign  and  file  with  the  secretary  of 
the  board  a  declaration  that  he  or  she  will  teach  in  the  public  schools 
within  the  State  not  less  than  three  years,  in  case  that  e  igage- 


119 


ments  can  be  secured  by  reasonable  efforts,  to  require  the  candidate 
to  provide  for  the  payment  of  such  fees  for  tuition  as  the  board  may 
prescribe. 

§  14.  To  enable  the  board  of  trustees  to  erect  the  buildings  and 
make  the  improvement  preparatory  to  the  reception  of  pupils  in  said 
institution,  to  supply  the  necessary  furniture  for  the  same,  and  for 
the  first  year’s  instruction,  the  sum  of  fifty  thousand  dollars  is  hereby 
appropriated  out  of  the  State  treasury,  payable  on  the  orders  of 
said  boarjl,  as  required  for  use,  in  sums  not  exceeding  ten  thou¬ 
sand  dollars  per  month,  the  first  payment  to  be  made  on  the  first  day 
of  July,  1896,  and  subsequent  payments  shall  be  accompanied  by  an 
account,  sustained  by  vouchers,  showing  to  the  satisfaction  of  the 
Auditor  the  expenditure  of  the  previous  payment,  and  approved  by 
the  Governor. 

§  15.  The  expense  of  the  building,  improving,  repairing  and 
supplying  fuel  and  furniture,  and  the  necessary  appliances  and  ap¬ 
paratus  for  conducting  said  school,  and  the  salaries  or  compensation 
of  the  trustees,  superintendent,  assistants,  agents  and  employes,  shall 
be  a  charge  upon  the  State  treasury;  all  other  expenses  shall  be 
chargeable  against  pupils,  and  the  trustees  shall  regulate  the  charges 
accordingly. 

§  16.  If  the  buildings  and  improvements  herein  provided  for  shall 
be  ready  for  the  reception  of  pupils  before  the  next  regular  session  of 
the  General  Assembly,  the  Governor  is  authorized  to  make  orders  on 
the  Auditor,  directing  him  to  issue  warrants  at  the  end  of  each  quar¬ 
ter  of  the  fiscal  year  for  amounts  sufficient  to  pay  expenses  charge¬ 
able  against  the  State  out  of  the  above  named  appropriation  of  fifty 
thousand  dollars,  and  the  Auditor  shall  issue  warrants  accordingly, 
which  shall  be  paid  by  the  Treasurer. 

§  17.  The  trustees  of  this  institution  shall  receive  their  personal 
and  traveling  expenses,  and  the  Auditor  is  hereby  authorized  to 
issue  warrants  quarterly,  upon  taking  the  affidavit  of  the  trustees 
as  to  the  actual  time  employed,  and  their  personal  and  traveling 
expenses. 

Approved  May  22,  1895. 


COUNTY  NORMAL  SCHOOLS. 

An  Act  to  enable  counties  to  establish  county  normal  schools. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  in  each  county  adopt¬ 
ing  township  organization,  the  board  of  supervisors,  and  in  other 
counties  the  county  court,  may  establish  a  county  normal  school  for 
the  purpose  of  fitting  teachers  for  the  common  schools.  That  they 
shall  be  authorized  to  levy  taxes  and  appropriate  moneys  for  the  sup- 


120 


port  of  said  schools,  and  also  for  the  purchase  of.  necessary  grounds 
and  buildings,  furniture,  apparatus,  etc.,  and  to  hold  and  acquire,  by 
gift  or  purchase,  either  from  individuals  or  corporation^  any  real 
estate,  "buildings  or  other  property,  for  the  use  of  said  schools,  said 
taxes  to  be  levied  and  collected  as  all  other  county  taxes:  Provided, 
that  in  counties  not  under  township  organization,  county  courts  shall 
not  be  authorized  to  proceed  under  the  provisions  of  this  act  until 
the  subject  shall  have  been  submitted  to  a  vote  of  the  people,  at  a 
general  election,  and  it  shall  appear  that  a  majority  of  all  the  votes 
cast  on  the  subject,  at  said  election,  shall  be  in  favor  of  the  establish¬ 
ment  of  a  county  normal  school.  The  ballots  used  in  voting  on  this 
subject  may  read  “For  a  county  normal  school,”  or  “Against  a  county 
normal  school.” 

§  2.  The  management  and  control  of  said  school  shall  be  in  a 
county  board  of  education,  consisting  of  not  less  than  five  or  more 
than  eight  persons,  of  which  board  the  chairman  of  the  board  of 
supervisors  or  the  judge  of  the  county  court,  as  the  case  may  be,  and 
the  county  superintendent  of  schools,  shall  be  ex-officio  members. 
The  other  members  shall  be  chosen  by  the  board  of  supervisors  or 
county  court,  and  shall  hold  their  offices  for  the  term  of  three  years. 
But  at  the  first  election  one-third  shall  be  chosen  for  one  year,  one- 
third  for  two  years,  and  one-third  for  three  years,  and  thereafter  one- 
third  shall  be  elected  annually.  Said  election  shall  be  held  at  the 
annual  meeting  of  the  board  of  supervisors  in  September,  or  at  the 
September  term  of  the  county  court,  as  the  case  may  be. 

§  3.  Said  board  of  education  shall  have  power  to  hire  teachers, 
and  to  make  and  enforce  all  needful  rules  and  regulations  for  the 
management  of  said  schools:  A  majority  of  said  board  shall  consti¬ 
tute  a  quorum  for  the  transaction  of  business,  and  a  meeting  of  said 
board  may  be  called  at  any  time  by  the  president  or  secretary,  or  by 
any  three  of  the  members  thereof.  Said  board  shall  proceed  to  or¬ 
ganize,  within  twenty  days  after  their  appointment,  by  electing  a 
president,  who  shall  hold  his  office  for  one  year,  and  until  his  suc¬ 
cessor  shall  be  appointed.  The  county  superintendent  shall  be,  ex- 
officio,  secretary  of  the  board.  Said  board  shall  make  to  the  board 
of  supervisors,  at  their  annual  meeting  in  September,  or  to  the 
county  court  at  the  September  term,  as  the  case  may  be,  a  full  re¬ 
port  of  the  condition  and  expenditures  of  said  county  normal  school, 
together  with  an  estimate  of  the  expenses  of  said  school  for  the  en¬ 
suing  year. 

§  4.  Two  or  more  counties  may  unite  in  establishing  a  normal 
school,  in  which  case  the  per  cent,  of  tax  levied  for  the  support  of 
said  school  shall  be  the  same  in  each  county. 

§  5.  In  all  counties  that  have  already  established  normal  schools, 
the  action  of  the  board  of  supervisors  in  so  doing,  and  all  appropria¬ 
tions  made  by  them  for  their  support,  are  hereby  legalized,  and  said 
board  of  supervisors  are  hereby  authorized  and  empowered  to  make 
further  appropriations  for  the  support  of  such  schools  already  es¬ 
tablished,  until  such  schools  shall  have  been  established  under  the 
previous  sections  of  this  act. 


121 


§  6.  No  member  of  the  aforesaid  county  board  of  education  shall 
be  entitled  to  compensation  for  services  rendered  as  a  member  of 
1  such  board. 

§  7.  This  act  shall  be  in  force  from  and  after  its  passage. 
Approved  March  15,  1869. 


t  . 

THE  ILLINOIS  UNIVERSITY. 

An  Act  to  provide  for  State  scholarships  in  the  University  of  Illi¬ 
nois,  and  the  manner  of  awarding  the  same.  Approved  J line  24, 

1  1895.  In  force  July  1,  1895. 

I  Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  to  equalize  the  advan- 
,  tages  of  the  University  of  Illinois  to  all  parts  of  the  State,  there 
shall  be  awarded  annually,  as  hereinafter  provided,  to  each  county 
j  of  the  State  one  State  scholarship,  which  shall  entitle  the  holder 
thereof,  who  shall  be  a  resident  of  the  senatorial  district  to  which  he 
is  accredited,  to  instruction  in  any  or  all  departments  of  said  Univer- 
I  sity  of  Illinois  for  a  term  of  four  years,  free  from  any  charge  for 
tuition  or  any  incidental  charge,  unless  such  incidental  charges  shall 
.  have  been  made  for  materials  used  or  for  damages  needlessly  done  to 
property  of  the  University:  Provided,  that  in  counties  having  two 
1  or  more  senatorial  districts,  there  shall  be  awarded  annually  one 
|  additional  scholarship  for  each  of  said  senatorial  districts. 

§  2.  A  competitive  examination  under  the  direction  of  the  Super¬ 
intendent  of  Public  Instruction  shall  be  held  at  the  county  court 
house  in  each  county  of  the  State  upon  the  first  Saturday  of  June  in 
each  and  every  year  by  the  county  superintendent  of  schools,  upon 
such  branches  of  study  as  said  Superintendent  of  Public  Instruction 
and  the  President  of  said  University  may  deem  best. 

§  3.  Questions  for  such  examinations  shall  be  prepared  and  fur- 
n'shed  by  the  President  of  the  University  to  the  Superintendent  of 
Public  Instruction,  who  shall  attend  to  the  printing  and  distribution 
thereof  to  the  several  county  superintendents  of  schools  prior  to  such 
>  examinations. 

.§  4.  In  case  any  candidate  who  shall  be  awarded  a  scholar¬ 
ship  shall  fail  to  pass  the  entrance  examination  to  the  Uni¬ 
versity,  or  shall  fail  to  claim  the  privileges  of  such  scholarship, 
or,  having  claimed  the  privileges,  shall  be  expelled,  or  for  any 
reason  shall  abandon  his  right  to,  or  vacate,  such  scholarship, 
either  before  or  after  entering  thereupon,  then  the  candidate 
•certified  to  be  next  entitled  in  the  same  county  shall  become 
entitled  to  the  same.  In  case  any  scholarship  belonging  to  any 
eountv  shall  not  be  claimed  by  any  candidate  resident  in  that  county, 
the  Superintendent  of  Public  Instruction  may  fill  the  same  by  ap- 


pointing  some  candidate  first  entitled  to  a  vacancy  in  some  other 
county,  after  notice  has  been  served  upon  the  county  superintendent 
of  said  first  mentioned  county. 

§  5.  The  county  superintendents  shall,  within  ten  days  after  such 
examination,  make  and  file  in  the  office  of  the  Superintendent  of 
Public  Instruction  certificates,  in  which  they  shall  name  all  the 
candidates  examined,  and  specify  the  order  of  their  excellence;  and 
such  candidates  shall,  in  the  order  of  their  excellence,  become  enti¬ 
tled  to  the  scholarships  belonging  to  their  respective  counties.  The 
examination  papers  handed  in  by  each  candidate  shall  also  be  filed 
with  the  certificate  of  examination. 

§  6.  Candidates,  to  be  eligible  to  said  scholarship,  shall  be  at 
least  sixteen  years  of  age,  and  shall  have  been  bona  fide  residents  of 
their  respective  counties  for  at  least  one  year  immediately  preceding 
the  examination. 

§  7.  Any  student  holding  a  State  scholarship,  and  who  shall 
make  it  appear  to  the  satisfaction  of  the  President  of  the  University 
that  he  requires  leave  of  absence  for  the  purpose  of  earning  funds  to 
defray  his  expenses  while  in  attendance,  may,  in  the  discretion  of 
the  President,  be  granted  such  a  leave  of  absence,  and  may  be  al¬ 
lowed  a  period  not  exceeding  six  years  from  commencement  thereof 
for  the  completion  of  his  course  at  said  University. 

§  8.  Notices  of  the  time  and  place  of  the  examination  shall  be 
given  in  the  schools  having  pupils  eligible  thereto  prior  to  the  first 
day  of  January  in  each  year.  The  Superintendent  of  Public  In¬ 
struction  shall  attend  to  the  giving  of  the  notices  hereinbefore  pro¬ 
vided  for.  He  may,  in  his  discretion,  direct  that  the  examination  in 
any  county  may  be  held  at  some  other  time  and  place  than  that 
hereinbefore  specified.  He  shall  keep  full  records  in  his  department 
of  the  reports  of  the  different  examiners,  showing  the  age,  post-office 
address  and  standing  of  each  candidate,  and  shall  notify  candidates 
of  their  rights  under  this  act.  He  is  hereby  charged  with  the  gen¬ 
eral  supervision  and  direction  of  all  matters  in  connection  with  the 
filling  of  such  scholarships.  He  shall  determine  any  controversy 
which  may  arise  under  this  act. 

§  9.  Students  enjoying  the  privileges  of  State  scholarships  shall, 
in  common  with  other  students  of  said  University,  be  subject  to  all 
the  examinations,  rules  and  requirements  of  the  board  of  trustees 
and  faculty,  except  as  herein  provided. 

§  10.  Nothing  herein  contained  shall  be  construed  to  prevent  the 
board  of  trustees  of  said  University  from  granting  such  other  free 
scholarships  as  in  their  discretion  may  be  deemed  best. 


SOME  PRINCIPLES  OF  ILLINOIS  SCHOOL  LAW. 


TAKEN  FROM  THE  TWENTY-FIRST  BIENNIAL  REPORT  OF  THE  DEPARTMENT 
OF  PUBLIC  INSTRUCTION,  WITH  SUCH  CHANGES  AND  ADDITIONS  AS 
HAVE  BEEN  MADE  NECESSARY  BY  LATE  DECISIONS  OF  THE  SUPREME 
COURT,  AND  BY  THE  SCHOOL  ENACTMENTS  OF  THE  FORTIETH  GENERAL. 
ASSEMBLY. 


APPEALS. 

When  petitions  are  presented  for  the  formation  of  school  districts 
out  of  territory  belonging  to  several  townships,  each  board  of  trus¬ 
tees  must  act  on  the  petition.  If  one  board  refuses  to  grant  it,  the 
petitioners  may  appeal  from  the  action  of  that  board.  An  appeal 
must  be  taken  from  each  board  that  refuses  to  grant  the  petition. 

Pending  an  appeal,  the  children  of  parents  residing  in  detached 
territory  may  attend  school  in  the  district  to  which  they  have  been 
annexed  by  the  trustees. 

The  failure  of  the  township  treasurer  to  send  all  the  papers  in  the 
case,  which  the  law*  directs  him  to  send  to  the  county  superintendent 
of  schools,  in  the  time  specified,  does  not  defeat  the  appeal.  The 
trustees  or  the  county  superintendent,  on  hearing  of  such  neglect, 
should  order  that  the  papers  be  forwarded.  Bateman’s  Decisions 
revised  by  Pillsbury,  page  86. 

BOARD  OF  DIRECTORS — POWERS  AND  DUTIES. 

To  be  eligible  to  the  office  of  school  director  a  person,  either  male 
or  female,  must  be  at  least  twenty-one  years  of  age,  able  to  read  and 
write  in  the  English  language,  a  resident  of  the  district;  and  such 
person  must  have  resided  in  this  State  at  least  one  year. 

The  law  declares  that  no  person  is  eligible  to  the  office  of  school 
director  and  township  trustee  at  the  same  time;  but,  if  a  school  di¬ 
rector  is  elected  to  the  office  of  township  trustee,  he  may  resign  his 
directorship  and  assume  the  duties  of  the  other  office. 

A  director  can  not  delegate  to  another  person  the  power  to  act  a& 
director. 

When  a  school  director  moves  out  of  the  district,  and  is  no  longer 
a  legal  resident  of  it,  he  vacates  the  office  of  director,  and  the  re¬ 
maining  members  of  the  board,  without  delay,  should  call  an  elec¬ 
tion  to  fill  the  vacancy. 


124 


A  bookseller  may  be  elected  as  a  school  director,  or  as  a  member 
of  a  board  of  education;  but,  when  he  is  elected,  and  accepts  the 
office,  and  while  he  remains  in  such  office,  he  can  not,  lawfully,  sell 
school  books  or  apparatus  to  pupils  of  his  district.  Both  the  consti¬ 
tution  and  the  statutes  of  this  State  forbid  any  school  officer  to  be 
interested  in  the  sale  of  any  books  or  apparatus  to  be  used  in  the 
schools  with  which  he  is  connected. 

When  the  president  of  the  board  refuses  to  act  as  president,  the 
other  members  may  elect  a  presiding  officer. 

When  two  directors  resign,  the  remaining  director,  legally,  can  call 
an  election  to  till  vacancy,  and  it  is  his  duty  to  do  so. 

The  law  requires  that  directors  shall  be  the  judges  of  district  elec¬ 
tions.  Therefore,  it  is  legal  for  a  director  to  serve  as  judge,  although 
he  may  be  a  candidate  for  re-election. 

The  law  provides  that  all  official  business  of  the  school  district 
shall  be  transacted  at  a  meeting  of  the  board  of  directors.  When 
board  meetings  are  called,  all  members  should  receive  due  notice 
thereof. 

Prior  to  the  April  election,  a  board  of  directors  can  not  employ  a 
teacher  for  a  time  extending  beyond  the  end  of  the  current  school  year. 

Boards  of  directors  have  no  right  to  build  an  addition  to  a  school 
house  without  a  vote  of  the  people. 

A  board  of  directors  does  not  have  the  right  to  purchase,  build  or 
move  a  school  house  without  a  vote  of  the  people.  It  is  necessary, 
therefore,  to  vote  on  the  proposition  to  build  before  directors  can 
lawfully  appropriate  funds  for  building  purposes. 

The  board  of  directors  can  not,  without  a  special  agreement  to 
that  effect,  legally  compel  a  teacher  to  dismiss  school  for  any  period 
of  time  and  to  lose  that  time. 

When  school  is  dismissed  by  order  of  the  district  board,  on  account 
of  contagious  disease  or  other  cause,  the  teacher  is  not  required  to 
lose  the  time,  provided  he  holds  himself  in  readiness  during  such 
vacation  to  perform  his  duties  as  teacher. 

A  board  of  directors  has  the  right  to  determine  what  branches 
shall  be  taught  in  its  schools.  It  can  not,  however,  require  teachers 
to  teach  branches  not  mentioned  in  the  law,  unless  such  branches 
are  designated  at  the  time  the  contract  is  made  with  the  teacher. 

A  board  of  directors,  in  making  a  contract  with  a  teacher,  should 
not  require  such  teacher  to  forfeit  his  right  to  attend  institutes  held 
under  the, direction  of  the  county  superintendent.  The  law  plainly 
provides  that  it  is  the  duty  of  school  directors  to  allow  teachers  to 
dismiss  their  schools  on  institute  days,  provided  that  not  more  than 
five  such  days  shall  be  so  taken  during  the  year,  and  not  more  than 
three  during  any  one  term. 

The  control  and  supervision  of  the  school  house  is  given  to  the 
board  of  directors,  and  the  board  may  grant  the  temporary  use  of  it, 
when  such  use  does  not  interfere  with  the  work  of  the  school,  to  re¬ 
sponsible  persons,  ‘Tor  religious  meetings  and  Sunday  schools,  for 


125  ' 


evening  schools  and  literary  societies,  and  for  such  other  meetings 
as  the  directors  may  deem  proper.”  Those  granted  the  use  of  the 
school  house  should  be  required  to  leave  it  in  as  good  condition  as 
they  find  it. 

There  is  no  provision  of  law  whereby  any  part  of  the  school  funds 
may  be  paid  to  a  director  for  services  or  expenses,  except  that  a 
reasonable  sum  may  be  joaid  to  the  clerk  for  services  actually  per¬ 
formed  as  clerk. 

The  authority  to  decide  all  matters  of  residence  is  vested  in  school 
boards. 


fiOARD  OF  EDUCATION — POWERS  AND  DUTIES. 

Section  2,  article  VI,  of  the  School  Law  provides  that  when  a  dis¬ 
trict  contains  one  thousand  inhabitants,  there  shall  be  elected  a 
board  of  education  to  consist  of  a  jjresident  and  six  members. 
Whenever  it  is  conclusively  shown  that  a  district  contains  the  re¬ 
quired  population,  it  is  the  duty  of  the  directors  to  call  an  election 
for  a  full  board  of  education,  to  be  held  on  the  third  Saturday  in 
April  first  following. 

The  requirements  of  eligibility  to  the  office  of  member  of  a  board 
of  education  are  the  same  as  those  specified  for  a  school  director. 

Whenever  a  change  is  made  from  a  board  of  directors  to  a  board 
of  education,  an  election  must  be  called  for  six  members  and  a  presi¬ 
dent.  The  directors  are  not  entitled  to  hold  over  as  members  of  the 
new  board,  but  they  are  eligible  to  membership  in  the  new  board,  by 
election. 

The  school  law  provides  that  a  board  of  education  may  select  a 
clerk,  but  it  does  not  require  that  he  be  selected  from  among  the 
members  of  the  board.  The  board  may,  therefore,  select  one  of  its 
number,  or  it  may  select  a  competent  person  who  is  not  a  member  of 
the  board,  to  act  as  secretary. 

As  the  president  of  the  board  of  education  is  not  to  vote,  except  in 
case  of  a  tie,  a  working  quorum  of  the  board  consists  of  a  majority 
of  the  members  of  it,  without  counting  the  president  in  such  ma¬ 
jority. 

The  restraints,  powers  and  duties  of  a  board  of  education  are  simi¬ 
lar  to  those  of  a  board  of  directors,  except  that  its  powers  are  ex¬ 
tended  respecting  the  lengthening  of  the  annual  term  of  school,  the- 
employment  of  a  superintendent,  the  examination  of  teachers,  etc. 

BONDSv 

Custom  requires  that  an  official  bond  be  given  for  double  the 
amount  of  property  valuation  which  the  officer  at  any  time  may  have 
in  his  jjossession.  The  board  of  trustees,  or  the  county  superintend¬ 
ent  of  schools  may  require  the  township*  treasurer  to  give  a  new  bond 
whenever  it  is  deemed  necessary. 


126 


The  fees  for  recording  township  treasurers’  bonds  should  be  paid 
out  of  the  distributable  funds  by  either  the  treasurer  or  the  county 
superintendent. 

The  provision  of  the  law  limiting  the  bonded  indebtedness  of  a 
district  to  five  per  cent,  of  its  assessed  valuation,  is  a  constitutional 
one.  While  the  district  should  not  at  any  time  pass  that  limit,  it  has 
the  power,  in  addition  thereto,  to  levy  a  tax  of  two  per  cent,  for  gen¬ 
eral  school  purposes,  and  three  per  cent,  for  building  purposes,  when 
a  vote  has  been  taken  authorizing  the  board  to  build. 

CALENDAR  MONTH. 

When  another  month  is  not  specified  in  the  contract  with  the 
teacher,  the  law  defines  the  school  month  to  be  the  calendar  month. 
The  law  is  not  mandatory,  so  far  as  to  take  away  the  right  and  power 
of  school  officers  and  teachers  to  make  a  contract  by  the  day,  or  week, 
or  for  a  month  or  four  weeks.  When  teaching  by  the  calendar 
month,  if  the  teacher  begins  with  any  date  of  a  given  month,  his 
month  of  teaching  includes  all  the  school  days  until  the  same  date  of 
the  succeeding  month.  The  same  rule  is  easily  applied  to  a  term  of 
several  months.  When  days  are  lost  by  the  teacher,  they  can  be 
made  up  after  the  expiration  of  the  month  or  term,  on  actual  school 
days,  by  consent  of  the  school  board. 

CERTIFICATES. 

The  certificates  of  the  State  are  of  two  kinds,  one  valid  for  life  and 
the  other  for  five  years.  These  can  be  obtained,  now,  only  on  an  ex¬ 
amination  under  conditions  prescribed  by  the  State  Superintendent 
of  Public  Instruction  and  the  presidents  of  the  State  universities. 
No  provision  is  made  for  renewing  the  State  certificate,  for  granting 
it  on  possession  of  a  diploma,  or  for  endorsing  the  certificate  of  an¬ 
other  state. 

The  county  certificate  is  of  two  kinds,  which  are  known  as  first 
grade  and  second  grade  certificates.  These  can  be  renewed  by  the 
endorsement  of  the  county  superintendent  of  schools.  The  longest 
period  for  which  one  can  be  given  is  two  years,  and  the  shortest  is 
one  year. 

Every  kindergarten  teacher  connected  with  the  public  schools  must 
have  a  certificate  as  provided  by  law,  certifying  that  the  holder 
thereof  has  been  examined  upon  kindergarten  principles,  and  is  com¬ 
petent  to  teach  the  same. 

Every  teacher  of  a  class  for  the  deaf  in  the  public  schools  must 
have  received  specific  instruction  in  the  teaching  of  the  deaf  for  a 
term  of  not  less  than  one  year,  and  must  have  a  certificate,  as  pro¬ 
vided  by  law. 

No  teacher,  lawfully,  can  be  paid  public  funds  for  teaching,  even 
though  he  be  an  assistant  or  substitute  teacher,  unless  he  holds,  dur¬ 
ing  the  time  of  his  teaching,  a  license  to  teach  given  by  a  lawful 
authority. 


127 


CORPORAL  PUNISHMENT. 

“Certain  it  is  that  castigation  with  the  rod  is  often  less  cruel  than 
sharp  words,  tones  of  irony,  sarcasm  or  invective,  and  less  humiliat¬ 
ing  and  harmful  than  some  of  the  substitutes  therefor/’  Bateman’s 
Decisions  revised  by  Pillsbury.  page  150. 

Without  a  rule  of  the  school  board,  the  law  permits  teachers  to 
punish  children  by  whipping.  It  is  held,  however,  that  such  pun¬ 
ishment  must  be  neither  unreasonable  nor  excessive.  The  offense 
-committed  must  be  of  such  a  nature  as  to  justify  this  punishment. 

A  teacher,  possibly,  would  not  be  justified  in  inflicting  corporal 
punishment  for  misdemeanors  committed  by  pupils  while  on  the  way 
to  and  from  school.  A  school  board,  however,  can  suspend,  or  even 
■expel,  pupils  for  grave  offenses  in  such  cases. 

COUNTY  SUPERINTENDENT — POWERS  AND  DUTIES. 

Every  elective  office  becomes  vacant  by  the  occupant  ceasing  to 
be  an  inhabitant  of  the  State;  or,  if  the  office  is  local,  by  his  ceasing 
to  be  an  inhabitant  of  the  district,  county,  town  or  precinct  for  which 
he  was  elected.— Revised  Statutes,  chapter  46,  sec.  125. 

Hence,  the  office  of  county  superintendent  of  schools  becomes  va¬ 
cant  when  the  incumbent  removes  from  the  county,  and  it  is  the  duty 
of  the  county  board  to  fill  the  office  by  appointment. 

It  is  the  intention  of  the  law  that  the  county  superintendent  give 
his  personal  attention  to  his  official  duties.  He  can  not,  without  the 
•consent  of  the  county  board,  legally  deputize  another  person  to  visit 
schools  in  his  stead.  The  assistant  who  visits  schools  receives  his 
pay  from  the  county  treasury,  not  from  the  school  funds. 

The  county  superintendent’s  office  expense  should  be  paid  from 
the  distributable  fund.  After  deducting  his  commission  and  paying 
the  expense  of  advertising  his  examinations  of  teachers,  he  should 
distribute  the  residue  of  this  fund  to  the  townships. 

In  matters  of  controversy  pertaining  to  schools,  the  county  super¬ 
intendent’s  opinion  should  first  be  obtained.  If  the  parties  inter¬ 
ested  are  not  satisfied  with  the  decision,  the  law  provides  that  the 
case  may  be  appealed  to  the  State  Superintendent  on  a  written  state¬ 
ment  of  all  the  facts,  certified  by  the  county  superintendent. 

COURSE  OF  STUDY  AND  ITS  ENFORCEMENT. 

A  public  school  board  is  given  power  to  make  a  course  of  study 
within  the  limits  prescribed  by  law,  and  to  enforce  its  observance. 

The  course  of  study  should  include  “the  branches  of  education 
prescribed  in  the  qualifications  for  teachers,”  and  it  may  comprise 
“such  other  branches,  including  vocal  music  and  drawing,  as  the 
directors,  or  the  voters  of  the  district  at  the  annual  election  of  direct¬ 
ors  may  prescribe.” 

The  board  has  power,  also,  to  classify  pupils,  directing  in  what 
order  they  shall  pursue  the  various  branches  of  the  course  of  study, 


128 


insisting  that  they  shall  be  able  by  mastery  of  preceding  branches  to 
do  satisfactory  work  in  those  they  pursue.  Since,  then,  pupils  may 
study  no  branch  for  which  they  are  not  prepared,  and  teachers  and 
school  boards  are  the  judges  of  this  preparation,  these  officers  have 
available  means,  in  the  exercise  of  their  power,  to  enforce  the  observ¬ 
ance  of  their  course  of  study  to  any  reasonable  extent. 

But,  if  objection  be  made  in  good  faith  by  parents  to  their  chil¬ 
dren’s  pursuing  some  designated  branches,  through  fear  of  overwork 
or  for  other  good  reasons,  the  parents  are  allowed  to  select  the 
branches  of-  the  prescribed  course  for  wffiich  their  children  are  fitted. 

Yet,  every  pupil  will  be  busy  in  school,  and  if  not  employed  in 
something  helpful,  he  will  be  engaged  in  something  harmful  to  him¬ 
self  and  the  welfare  of  the  school.  Hence,  parents  are  expected  to 
listen  to  the  representatives  of  the  school  management,  and  not  to 
ask  for  that  which  not  only  retards  school  progress,  but,  by  measur¬ 
ably  unfitting  their  children  for  promotion,  takes  them  out  of  school 
prematurely.  It  is  not  well,  ordinarily,  to  have  a  pupil  excused  from 
any  branch  of  the  prescribed  course. 

ELECTIONS. 

Any  person,  male  or  female,  who  is  at  least  twenty-one  years  of 
age,  who  can  read  and  write  in  the  English  language,  and  who  has 
resided  in  the  State  one  year  next  preceding  the  election  or  appoint¬ 
ment,  is  eligible  to  any  school  office. 

All  judges  and  clerks  of  school  elections  should  be  sworn  in  at  or 
before  the  hour  of  opening  the  polls.  Judges  and  clerks  of  school 
elections  are  not  entitled  to  pay  for  their  services,  except  in  the  few 
districts  of  the  State  which  have  adopted  the  special  election  law  of 
1885,  and  have,  in  consequence,  a  board  of  election  commissioners 
appointed  by  the  county  court.  These  places  are  the  cities  of  Chi¬ 
cago  and  East  St.  Louis,  and  the  town  of  Cicero. 

The  law  intends  that  there  shall  be  an  annual  election  in  each 
township,  and  in  each  school  district.  If,  then,  on  the  day  of  the 
regular  election  the  voters  fail  to  appear,  it  becomes  the  duty  of  the 
judges  to  give  the  legal  notice  for  a  special  election. 

If  the  judges  of  a  district  election  are  fully  satisfied  that  the  per¬ 
son  elected  as  director  is  ineligible,  because  he  can  not  read  and 
write,  they  are  justified  in  refusing  to  certify  to  his  election.  Such 
a  case  would  necessitate  a  new  election. 

The  school  law  expressly  provides  that,  when  an  election  results  in 
a  tie,  the  judges  shall  decide,  at  once,  by  lot,  who  is  elected.  Pro¬ 
vision  is  not  made  for  taking  a  second  ballot  in  such  cases. 

When  twTo  or  more  members  of  a  district  board  are  elected  at  the 
same  time,  and  the  voters  make  no  distinction  between  long  and 
short  terms,  the  directors  elected  should  decide  by  agreement  or  by 
lot  on  the  number  of  years  which  each  shall  serve. 

When  the  judges  of  a  district  election  make  the  proper  returns, 
certifying  to  the  election  of  a  certain  person  to  the  office  of  school 


129 


director,  that  person  is  entitled  to  hold  the  office  and  to  perform  its 
duties  for  the  term  for  which  he  has  been  elected,  or  until  the  elec¬ 
tion  has  been  declared  illegal  by  a  competent  court.  No  power  is 
given  to  a  county  superintendent  or  to  the  State  Superintendent  to 
declare  an  election  illegal  or  to  set  it  aside.'  Persons  who  contest 
the  legality  of  an  election  must  take  their  appeal  to  the  county  court. 

A  board  of  directors  can  not  legally  purchase,  build  or  move  a 
school  house,  build  an  addition  to  a  school  house  or  locate  a  site, 
without  a  vote  of  the  district. 


FUNDS. 

Money  levied  for  general  school  purposes  may  be  used  for  build¬ 
ing  purposes  after  the  district  has  voted  to  build,  provided  such  fund 
is  not  needed  for  the  current  expenses  of  the  school. 

The  law  provides  that  when  a  district  has  surplus  funds  the  town¬ 
ship  treasurer  may  loan  such  funds,  if  authorized  to  do  so  by  a  writ¬ 
ten  notice  signed  by  the  directors  of  the  district.  The  directors  have 
power  to  decide  whether  or  not  such  funds  shall  be  loaned,  but  the 
conditions  of  such  loans  must  be  the  same  as  those  required  in  the 
loans  of  township  funds. 

The  board  of  trustees  is  not  authorized  by  law  to  invest  the  town¬ 
ship  fund  in  land,  except  in  cases  where  it  becomes  necessary  to  take 
land  for  a  debt  due  the  township. 

The  board  of  trustees  is  not  permitted  to  distribute  any  part  of 
the  permanent  fund  of  the  township.  -  But  the  interest  obtained 
from  loaning  it  should  be  distributed  at  each  semi-annual  meeting 
of  the  board. 

The  trustees  are  liable  when  they  permit  the  township  treasurer  to 
lend  money  contrary  to  the  directions  of  law. 

When  a  new  district  is  formed  it  becomes  necessary  for  the  trus¬ 
tees  to  divide  the  property  and  funds  as  provided  by  lawr.  No  di¬ 
vision  of  funds  is  contemplated,  however,  in  cases  where  territory  is 
detached  from  one  district  and  added  to  another. 

HOLIDAYS  FOR  SCHOOLS. 

The  law  does  not  require  a  teacher  to  teach  on  Saturday,  Sunday 
or  a  legal  holiday  for  schools,  nor  can  a  teacher  be  required  to  teach 
on  other  days  in  place  of  said  days  on  which  he  has  closed  school. 

Legally,  a  teacher  can  not  claim  pay  for  a  holiday  unless  that  holi¬ 
day  occur  during  his  term  of  teaching  and  on  a  school  day.  Hence, 
the  day  following  a  legal  holiday  which  falls  on  Sunday  is  not  a 
school  holiday,  unless  it  be  given  to  the  school  by  the  school  board, 
which  has  the  power,  under  section  17  of  article  VII  of  the  school 
law,  to  grant  the  school  special  holidays  on  proper  occasions. 

The  legal  holidays  for  schools  in  Illinois  are  New  Year’s  day, 
Fourth  of  July,  Christmas,  the  thanksgiving  and  fast  days  appointed 
by  national  or  State  authority,  and  the  special  holidays  granted  the 
school  by  the  school  board. 

—9 


130 


The  commercial  holidays,  additional  to  these,  which  are  designated 
in  the  statute,  including  the  birthday  anniversaries  of  Washington 
and  Lincoln,  “Memorial”  and  “Labor”  days,  are  not  legal  school 
holidays,  except  as  they  are  given  to  the  school  by  the  school  board. 

INSTITUTES. 

Before  making  engagements  to  teach  in  institutes,  instructors 
should  secure  license  of  the  State  Superintendent  of  Public  Instruc¬ 
tion.  When  the  applicant  for  this  license  is  not  known,  personally, 
to  the  State  Superintendent,  he  should  file  testimonials  of  worthi¬ 
ness  with  his  application.  These  recommendations  should  be  signed 
by  capable  school  men  who  are  known  to  be  reliable. 

Institute  funds  should  be  carefully  husbanded  and  expended  only 
for  the  services  of  approved  instructors  and  for  other  legitimate  ex¬ 
pense  of  the  institute.  The  county  superintendent  receives  his  per 
diem  from  the  Auditor  for  conducting  the  institute,  and  he  is  not 
entitled  to  commission  on  the  institute  fund. 

The  institute  fund  is  provided  to  defray  the  expense  of  the  annual 
institute,  which  the  county  superintendent  is  required  to  hold  “at 
such  time  as  the  schools  of  the  county  are  generally  closed.”  It 
should  not  be  used  for  any  other  purpose. 

When  teachers  attend  other  institutes  held  by  their  county  super¬ 
intendent  during  term  time,  they  may  claim  that  their  pay  be  not 
diminished  for  three  days  in  any  one  term,  or  five  days  in  any  one 
school  year,  when  this  time  has  been  actually  spent  in  attendance  on 
such  institutes.  A  contract  which  forfeits  this  right  is  not  in  accord 
with  the  law,  which  says  that  such  time  “shall  be  considered  time 
lawfully  expended  by  such  teacher  in  the  service  of  the  district 
where  such  teacher  is  employed,  and  no  deduction  of  wages  shall  be 
made  for  such  absences,  and  it  shall  be  the  duty  of  the  school  offi¬ 
cers  and  boards  of  education  to  allow  teachers  to  close  their  schools 
for  such  attendance  upon  institutes.” 


KINDEEGAETEN  SCHOOLS. 

When  authorized  by  a  majority  of  all  the  votes  cast  at  an  election 
for  that  purpose,  boards  of  directors  and  boards  of  education  are  em¬ 
powered  to  establish  kindergartens  in  connection  with  their  school 
for  the  instruction  of  all  children  between  the  ages  of  four  and  six 
years.  The  expense  incurred  by  such  kindergarten  instruction  is  to 
be  met  in  the  same  way  as  provided  for  in  the  other  grades  and  de¬ 
partments  of  the  public  schools. 

OATH  OF  OFFICE. 

While  it  would  tend  to  uniformity  if  school  officers  should  take  an 
oath  of  office  before  entering  on  the  duties  of  their  office,  the  Su¬ 
preme  Court,  in  79  Illinois,  page  511,  has  decided  that  a  township 
treasurer  need  not  take  an  official  oath  on  assuming  office,  and  the 


131 


a*nle  made  by  the  court  in  that  case  seems  to  exempt,  also,  school 
trustees,  school  directors,  and  members  of  boards  of  education  from 
taking  such  oath. 


PETITIONS. 

The  courts  have  decided  that  a  petition  for  change  of  school  dis¬ 
trict  boundaries  must  make  a  case  on  the  face  of  it;  that  is,  it  must 
.show  that  all  the  necessary  requirements  of  the  law  have  been  com¬ 
plied  with.  Neither  the  trustees  nor  the  county  superintendent 
have  any  authority  to  change  or  amend  a  petition  that  is  filed. 

The  courts  have  decided  that,  in  the  formation  of  a  new  district, 
the  petition  must  show  that  the  proposed  district  contains  not  less 
than  ten  families.  Hence,  the  petition  can  not  be  granted  if,  in 
such  formation,  a  district  would  be  left  with  fewer  than  ten  families. 

The  law  makes  no  provision  for  a  remonstrance  against  a  petition. 
Remonstrances,  therefore,  have  no  legal  standing  before  the  board 
of  trustees,  and  they  do  not  in  any  way  affect  the  validity  of  a  peti¬ 
tion.  It  may  be  proper  in  some  cases  to  consider  a  remonstrance  as 
•evidence,  the  force  of  which  may  be  determined  by  the  trustees. 

The  law  forbids  that  a  change  shall  be  made  in  the  boundary  of  a 
school  district  in  which  a  school  filling  the  requirements  of  the  law 
is  kept,  except  the  township  in  which  the  district  is  situated  be  re¬ 
districted,  or  the  desire  for  the  change  be  lawfully  expressed  by  a 
designated  number  of  voters  living  in  the  district.  This  desire  for 
change  can  be  expressed  by  the  voters  living  in  districts  whose 
boundary  lines  it  is  proposed  to  change,  legally,  either  by  vote  of 
the  people,  where  the  district  contains  a  population  of  at  least  one 
thousand  inhabitants,  or  by  petition. 

The  law  defines  three  classes  of  changes  which  may  be  thus 
effected : 

First — A  district  may  be  divided  to  form  two  districts,  or  two  or 
more  districts  may  be  consolidated  to  form  one  district. 

Second— Territory  may  be  detached  from  two  or  more  districts  to 
form  a  new  district. 

Third — Territory  may  be  detached  from  one  district  and  added  to 
an  adjoining  district. 

To  effect  these  three  classes  of  changes,  the  law  describes  three 
classes  of  petitions,  and  the  courts  hold  that  each  class  of  petition  is 
sufficient  for  the  class  of  change  for  which  the  law  designates  it. 
Three  classes  of  petition  are  not  required  to  secure  the  consideration 
of  a  single  change  in  district  boundaries.  One  is  sufficient  when  it 
complies  with  the  conditions  which  the  law  specifies  in  order  to 
meet  the  requirement  which  that  class  of  petition  is  designed  to 
effect. 

The  first  class  of  petition — that  signed  “by  a  majority  of  the  legal 
voters  of  each  of  the  districts  effected  by  the  proposed  change” — is 
sufficient  for  any  change  which  the  law  allows.  The  law  gives  it  un¬ 
limited  application. 


132 


The  second  class  of  petition — that  signed  “by  two-thirds  of  the 
legal  voters  living  within  certain  territory  described  in  the  petition’r 
— is  sufficient  when  the  purpose  is  to  detach  said  territory  from  one 
district  and  to  add  it  to  another  which  is  adjacent. 

The  third  class  of  petition — that  signed  “by  two-thirds  of  all  the 
legal  voters  living  within  certain  territory  containing  not  less  than 
ten  families” — is  sufficient  for  the  purpose  of  asking  that  said  terri¬ 
tory  be  formed  into  a  new  district,  provided  that  such  action  would 
not  leave  any  district  without  ten  families. 

It  should  be  observed  that,  outside  of  the  first  class  of  petitions, 
which  is  sufficient  for  any  allowable  change,  the  petition  is  compe¬ 
tent  only  for  the  special  purpose  for  which  the  law  designates  it. 

The  law  does  not  design  to  change  territory  from  one  district  to 
another,  unless  a  desire  for  that  change  be  expressed  by  at  least  a 
majority  of  the  voters  living  within  the  territory  whose  attachment 
it  is  proposed  to  change;  but,  if  a  petition  be  allowed  for  any  other 
purpose  than  that  for  which  the  law  designates  it,  the  will  of  the 
majority  living  in  such  territory  can  be  disregarded. 

The  petition  signed  by  two-thirds  of  the  legal  voters  living  within 
certain  territory  is  sufficient  only  for  the  purposes  for  which  it  is 
designated,  viz. :  in  one  case  to  authorize  action  in  the  formation  of  a 
new  district,  and,  in  another  case,  to  justify  the  detachment  of  terri¬ 
tory  from  one  district  and  the  addition  of  it  to  an  adjoining  district; 
because  the  law  couples  this  form  of  petition  with  this  design.  But 
this  form  of  petition  is  not  sufficient  to  justify  the  consolidation  of 
districts,  unless  the  two-thirds  of  the  voters  who  have  signed  the 
petition  include  at  least  a  majority  of  the  voters  in  each  of  the  dis¬ 
tricts  to  be  joined.  Much  less  is  it  sufficient  to  effect  a  double  pur¬ 
pose,  such  as,  at  the  same  time  and  in  the  same  act,  the  consolidation 
of  two  districts  and  the  addition  to  this  consolidation  of  part  of  a 
third  district,  unless  the  petition  includes  at  least  a  majority  of  the 
voters  of  each  of  the  two  entire  districts,  and  two-thirds  of  the 
voters  of  the  territory  of  the  third  district  involved  in  the  proposed 
new  district.  For,  if  it  were  otherwise,  it  would  be  possible  for  a 
populous  district  to  absorb  less  populous  districts  near  it  against 
their  consent. 


District 

District 

District 

A. 

B. 

C. 

Voting  population 

Voting  population 

Voting  population 

400. 

40. 

20. 

A,  B  and  C  may  represent  the  territory  of  three  districts  having  a 
population  of  400,  40  and  20  voters,  respectively.  Now,  if  a  petition 
signed  by  two-thirds  of  the  voters  living  in  A  and  B  jointly, 
can  justify  a  consolidation  of  these  districts,  three  hundred  voters  of 
A  and  two  voters  of  B  are  more  than  two-thirds  of  the  voters  of  the 
entire  territory  of  the  two  districts,  and  they  would  be  able  to  sign  a 
valid  petition  for  this  purpose.  But  the  granting  of  a  petition 


signed  in  this  way,  in  opposition  to  the  wishes  of  nineteen-twentieths 
of  the  voters  of  B,  possibly,  would  be  in  violation  of  the  spirit  of 
our  laws.  It  would  be  even  worse  when  the  double  action  of  con 
solidating  these  two  districts  and  adding  part  of  the  territory  of  a 
third,  C,  to  it,  at  the  same  time  should  be  proposed  in  such  petition. 

PUPILS. 

The  law  requires  that  the  school  board  furnish  a  sufficient  number 
of  free  schools  to  accommodate  all  the  children  of  the  district  over 
six  and  under  twenty-one  years  of  age.  It  empowers  school  boards 
to  rent  suitable  rooms  for  this  purpose,  when  the  school  sittings  of 
the  district  are  insufficient.  A  suitable  room,  even  outside  of  the 
district  lines,  may  be  rented,  temporarily,  when  it  is  not  possible  to 
obtain  a  room  within  these  lines. 

Only  the  pupils  who  have  legal  residence  in  the  district  can  claim 
tuitiqn  in  the  district,  although  the  law  provides  for  the  instruction 
of  non-resident  pupils  on  district  permits  or  by  the  payment  of 
tuition  fees. 

It  is  held  that  children  who  have  been  apprenticed  or  adopted  into 
another  family,  or  have  been  placed  permanently  in  the  care  of 
•others,  are  entitled  to  claim  a  residence  and  free  tuition  in  the  dis¬ 
trict  where  they  are  located.  It  is  held,  also,  that  children  who  have 
no  permanent  home,  but  go  from  place  to  place,  as  they  may  be  em¬ 
ployed,  are  entitled  to  claim  a  residence  in  the  district  where  they 
are  living  at  the  time  when  they  enter  school.  This  department,  uni¬ 
formly,  has  advised  school  boards  to  be  liberal  in  their  arrangements 
with  indigent  young  persons  who  are  struggling  to  obtain  an  educa¬ 
tion. 

If  pupils  are  sent  to  school  for  the  entire  day,  they  ought  not  to 
leave  the  school  premises  during  the  day  without  consent  of  the 
teacher.  Pupils  who  go  home  for  dinner  are  not  under  the  direct 
control  of  the  teacher  until  they  return  to  the  school  grounds. 

Pupils  under  twenty-one  years  of  age  who  are  graduates  of  the 
school  in  their  district,  have  the  right  to  return  to  it  to  review  their 
studies,  or  to  pursue  such  branches  as  are  found  in  other  courses 
from  the  on§  in  which  they  graduated. 

SCHOOL  SITES. 

Outside  of  a  city  of  at  least  one  hundred  thousand  inhabitants,  and 
in  one  or  two  cities  under  special  charters,  a  site  for  a  school  house 
can  not  be  located  without  a  vote  of  the  district. 

Hence,  while  the  school  board  has  power  to  decide  when  the  school- 
house  site  is  unnecessary,  or  unsuitable,  or  inconvenient  for  a  school, 
if  it  wishes  to  enlarge  or  to  change  a  school-house  site,  it  is  neces¬ 
sary  for  the  board  to  have  a  vote  of  the  district  to  obtain  the  re 
quired  authority. 

There  is  no  provision  of  law  whereby  directors  are  compelled  to 
call  an  election  for  the  purpose  of  voting  on  the  question  of  chang- 


134 


ing  a  school-house  site.  The  board  of  directors  has  the  right  to  de¬ 
termine  whether  or  not  an  election  is  expedient. 

If  the  school  board,  in  submitting  the  choice  of  a  school  site  to  a 
vote  of  the  district,  does  not  limit  the  voters  in  their  expression  of 
preference,  but  allows  each  one  to  vote  for  such  site  as  he  prefers, 
and  no  site  receives  a  majority  of  the  votes  cast,  the  directors  have' 
power  to  select  a  suitable  school-house  site,  and  should  select  the 
one  most  suitable  for  the  whole  district.  But  if  the  election  is  called 
to  determine  whether  or  not  a  specified  site  or  sites  shall  be  chosen, 
a  majority  of  the  votes  cast  is  necessary  to  a  selection,  and  the  board* 
can  not  locate  the  site  without  such  majority  vote;  it  should  call 
another  election. 

When  a  district  has  held  undisputed  possession  of  a  school-house- 
site  for  a  period  of  twenty  years,  it  may  retain  possession  of  such 
site  so  long  as  the  same  is  used  for  school  purposes,  even  though  the^ 
county  records  show  no  legal  transfer  of  the  site.  In  such  a  case 
the  purchaser  of  adjoining  property  can  not  ignore  the  rights  of  the- 
district. 

When  the  owner  of  the  site  which  has  been  legally  selected  will 
not  sell  it  for  a  reasonable  price,  it  may  be  obtained  in  the  manner 
provided  by  law  “for  the  exercise  of  the  right  of  eminent  domain.”" 
But  no  tract  of  land,  outside  of  the  limits  of  an  incorporated  city 
or  village,  situated  within  forty  rods  of  the  dwelling  house  of  the- 
owner  of  the  land,  can  be  taken  for  a  school  site  without  the  owner’s- 
consent. 

The  titles  to  school-house  sites  should  be  vested  in  the  board  of 
township  trustees  for  the  use  of  the  districts.  When  a  site  is  leased 
for  school  purposes,  the  lease  should  be  in  the  name  of  the  board  of 
township  trustees  for  the  use  of  the  district. 

STATE  SUPERINTENDENT. 

It  should  be  remembered  that  the  State  Superintendent  of  Public 
Instruction  has  not  power  to  revoke  a  certificate  which  has  been  is¬ 
sued  by  a  county  superintendent;  nor  can  he  issue  a  State  certificate^ 
except  on  examination,  in  accordance  with  lawful  conditions  deter¬ 
mined  by  himself  and  the  presidents  of  the  State  universities. 

When  a  suit  involving  school  matters  has  been  instituted  in  court 
the  questions  at  issue  have  passed  beyond  the  control  of  the 
department  of  public  instruction.  Then  it  is  not  customary  for  the 
State  Superintendent  to  give  any  further  advice  in  such  cases,  as  his 
opinion  would  not  change  the  judgment  of  the  court. 

In  matters  pertaining  to  controversies  arising  in  school  districts^ 
the  opinion  of  the  county  superintendent  should  be  obtained  first. 
If  his  decision  is  not  satisfactory,  the  interested  parties  may  appeal 
to  the  State  Superintendent  on  a  written  statement  of  facts  pre¬ 
sented  by  the  county  superintendent. 


135 


TAXATION. 

Outside  of  bonded  indebtedness,  the  school  law  provides  that  the 
district  school  board  may  levy  a  tax  of  two  per  cent,  for  general 
school  purposes  and  three  per  cent,  for  building  purposes,  making  a 
total  of  five  per  cent,  for  all  school  purposes.  If,  however,  no  build-, 
ing  tax  is  required,  the  tax  levy  should  not  exceed  two  per  cent,  of 
the  assessed  valuation  of  the  property  of  the  district. 

TEACHERS. 

When  a  teacher  makes  a  contract  for  a  specified  number  of  days 
of  actual  teaching  for  a  month,  such  a  contract  has  been  construed 
to  mean  a  contract  by  the  day,  and,  under  it,  the  teacher  is  not  en¬ 
titled  to  any  benefit  from  holidays. 

A  teacher  has  the  right  to  send  home  a  child  who  is  guilty  of 
gross  misconduct,  but  the  power  to  expel  a  pupil  rests  solely  with 
the  school  board. 

A  teacher  is  not  compelled  to  lose  the  time  when  school  is  dis¬ 
missed  by  order  of  the  board  of  directors  outside  of  the  provisions 
of  contract,  and  without  the  consent  of  the  teacher. 

Neither  can  the  teacher  make  up  time  lost  outside  of  the 
provisions  of  contract,  without  the  consent  of  the  school  board. 
Time  lost  can  be  made  up  legally  only  on  school  days. 

An  assistant,  or  even  a  substitute  teacher,  must  have  a  certificate 
to  entitle  him  to  draw  public  money. 

A  teacher  must  notlbe  interested  in  the  sale,  proceeds  or  profits  of 
any  book,  apparatus  or  furniture  used,  or  to  be  used,  in  any  school 
with  which  he  may  be  connected. 

TEXT-BOOKS  USED  IN  THE  STUDY  OF  THE  EFFECTS  OF  ALCdHOLIC 

DRINKS,  ETC. 

By  the  provisions  of  the  act  requiring  and  regulating  the  study  of 
physiology  and  hygiene,  it  is  the  duty  of  school  boards  to  furnish  the 
books  needed  by  the  teachers  and  pupils  in  the  study  of  the  effects  of 
alcoholic  drinks  and  other  narcotics. 

TOWNSHIP  HIGH  SCHOOL — FORMATION. 

The  territory  constituting  a  township  high  school  district  may  be 
composed:  First,  of  the  school  or  congressional  township;  second, 
of  the  congressional  township  which  contains  the  greater  part  of  the 
people  of  a  city  having  a  population  of  at  least  one  thousand  inhab¬ 
itants  and  less  than  one  hundred  thousand,  together  with  such  parts 
of  other  congressional  townships  as  contain  the  remaining  part  of 
the  population  of  said  city;  and  third,  of  such  parts  of  two  or  more 
congressional  townships  as  have  been  formed  into  a  high  school 
district  on  the  terms  of  a  written  agreement  made  and  signed  by  the 
boards  of  trustees  of  all  the  townships  involved. 


136 


At  least  fifty  voters  of  tlie  high  school  district,  constituted  as 
mentioned  above,  sign  a  petition  for  an  election  for  or  against  the 
establishment  of  a  township  high  school,  and  file  it  with  the  town¬ 
ship  treasurers  interested,  at  least  fifteen  days  preceding  the  regular 
election  of  township  trustees. 

The  treasurer  with  -whom  a  petition  is  filed  gives  legal  notice  that, 
at  the  next  regular  election  for  trustees,  an  election  for  or  against 
the  establishment  of  a  township  high  school  will  be  held,  at  which 
the  voters  of  the  territory  described  may  vote. 

A  majority  of  the  votes  cast  at  a  duly  called  and  legally  conducted 
election  for  or  against  the  establishment  of  a  township  high  school, 
determines  whether  the  school  shall  be  established  or  not. 

If,  in  the  territory  which  it  is  proposed  to  form  into  a  township 
high  school  district,  there  are  more  than  two  polling  places  at  gen¬ 
eral  elections,  at  least  twro  polling  places  should  be  appointed  for  the 
high  school  election.  Further,  if  the  territory  to  be  formed  into  a 
high  school  district  lies  in  two  or  more  congressional  townships,  the 
voters  of  this  territory  vote  at  polls  appointed  by  their  township 
trustees  in  their  own  congressional  township.  Enough  polling 
places  should  be  opened  to  accommodate  properly  all  the  voters  who 
have  a  right  to  vote  at  the  election. 

As  stated  above,  the  election  for  or  against  the  establishment  of  a 
township  high  school  is  held  at  the  time  of  the  regular  election  of  a 
trustee.  In  counties  which  have  township  organization  the  election 
is  held  on  the  first  Tuesday  of  April,  provided  the  boundaries  of 
the  congressional  and  the  political  township  are  coincident;  in  all 
other  cases  the  time  of  election  is  the  second  Saturday  in  April. 

If  the  people  of  the  proposed  high  school  district  have  voted 
legally  for  the  establishment  of  a  high  school,  it  becomes  the  duty 
of  the  board  of  trustees  to  call  a  special  election  on  any  Saturday 
within  sixty  days  from  the  time  of  the  election  establishing  the 
township  high  school,  for  the  purpose  of  electing  a  township  board 
of  education,  consisting  of  five  members,  whose  duty  it  is  to  estab¬ 
lish  and  maintain  a  township  high  school,  as  directed  by  law. 

A  high  school  district  usually  comprising  territory  included  in 
other  school  districts  is  a  separate  and  independent  district,  and  may 
incur  debts  to  the  extent  of  five  per  cent,  of  the  taxable  value  of  the 
property  within  its  limits,  and  may  also  issue  bonds  for  the  purpose 
of  buying  a  site  and  building  a  school  house,  the  same  as  any  other 
school  district,  but  all  the  indebtedness  of  such  high  school  district 
must  not  exceed  such  five  per  cent. 

Whenever  the  people  of  twro  or  more  congressional  townships,  or 
parts  of  two  or  more  congressional  townships,  wish  to  cooperate  in 
the  establishment  and  maintenance  of  a  high  school,  it  is  necessary 
that  there  be  concurrent  action  of  the  several  boards  of  trustees 
whose  townships  or  parts  of  townships  would  be  affected  by  the 
proposed  change,  in  order  to  have  the  proposition  submitted  to  the 
voters. 


137 


TOWNSHIP  TREASURER — POWERS  AND  DUTIES. 

The  term  of  the  office  of  township  treasurer  expires  in  April  of 
the  even  numbered  years. 

A  person  who  is  not  a  legal  resident  of  the  township  is  not  eligible 
to  the  office  of  township  treasurer. 

Women  are  eligible  to  the  office  of  township  treasurer  the  same  as 
to  any  other  office  under  the  general  or  special  school  laws  of  this 
State. 

Before  a  township  treasurer  removes  from  the  township,  he  should 
resign,  in  order  that  his  successor  may  be  appointed  and  may  qualify 
in  due  time. 

In  the  examination  of  the  township  treasurer’s  books  and  accounts, 
the  county  superintendent  has  the  right  to  require  the  treasurer  to 
produce  balances  to  the  credit  of  the  school  funds. 

The  township  treasurer  has  no  right  to  lend  any  part  of  the  town¬ 
ship  or  district  funds  for  his  own  benefit. 

It  is  the  duty  of  the  treasurer  to  lend  such  district  funds  as  are 
not  needed  for  immediate  use,  when  requested  in  writing  to  do  so 
by  the  district  board. 

A  man  who  is  a  borrower  of  the  township  fund  maj^  be  appointed, 
legally,  as  township  treasurer,  but,  in  case  he  accepts  the  appoint¬ 
ment,  he  should  pay  off  his  own  loan,  without  delay. 

The  township  treasurer  may  require  that  district  election  returns 
be  made  in  due  form,  but  he  has  no  power  to  decide  on  the  legality 
or  illegality  of  an  election. 

The  township  treasurer  is  not  exempt  from  road  labor,  although 
trustees  of  schools,  directors  and  members  of  boards  of  education  are 
exempt.  It  may  be  presumed  that  this  distinction  arises  from  the 
fact  that  treasurers  are  paid  for  their  services,  while  the  other 
officials  mentioned  are  not  accorded  any  remuneration. 

The  law  provides  that  the  township  treasurer  shall  pay  all  lawful 
orders  issued  on  him.  If,  for  any  reason,  he  doubts  the  legality  of 
an  order  presented  to  him,  he  has  the  right  to  refuse  payment  until 
the  legality  of  such  order  is  established. 

TRUANCY  AND  NON-ATTENDANCE. 

It  is  presumed  to  have  been  the  intention  of  the  Legislature  that 
the  fines  imposed  by  the  provisions  of  this  act  should  be  paid  to  the 
district. 

Under  its  provisions,  children  of  legal  school  age  (from  6  to  21 
years) ,  who  are  found  loafing  in  public  places  or  without  employ¬ 
ment,  or  any  truant  children  who  absent  themselves  from  school, 
may  be  arrested  by  the  truant  officer  and  placed  in  charge  of  a 
teacher. 

A  pupil  may  be  absent  from  school  one  or  two  days  for  good 
cause,  and  still  his  attendance  may  properly  be  considered  consecu¬ 
tive. 


There  are  three  ways  in  which  this  law  may  be  violated  as  far  as 
the  parent  or  guardian  is  concerned:  First,  it  may  be  violated  by 
not  sending  the  child  to  school  for  sixteen  weeks  during  the  school 
year.  Second,  it  may  be  violated  by  not  requiring  twelve  of  the  six¬ 
teen  weeks  to  be  consecutive.  Third,  it  may  be  violated  by  not  be¬ 
ginning  to  send  the  child,  if  under  ten  years  of  age,  to  school  at  the- 
beginning  of  the  school  year,  and  if  above  the  age  of  ten  years,  not 
later  than  December  first  of  said  school  year,  or  as  soon  thereafter  as 
notice  of  the  delinquency  shall  be  received.  Any  one  of  these  con¬ 
stitutes  a  violation  of  the  law,  and  for  any  one  of  them  the  penalty 
may  be  inflicted,  unless  good  cause  can  be  shown  to  exist  for  such 
non-attendance. 

Suit  may  be  commenced  under  this  law  by  the  board  of  directors 
or  board  of  education.  A  truant  officer  may  make  complaint  in  court 
as  the  agent  of  the  school  board. 

TUITION. 

Every  proper  person  of  school  age  is  entitled  to  attend  the  public- 
school  of  the  district  in  which  he  has  legal  residence,  without  the 
payment  of  tuition  fees,  but  he  is  not  entitled  to  attend  the  school  of 
any  other  district  on  this  condition.  This  privilege  depends  on  legal 
residence,  not  on  a  parent’s  or  guardian’s  ownership  of  property. 

Persons  who  move  into  a  school  district  temporarily,  just  for  the 
purpose  of  receiving  the  benefit  of  the  public  school  of  that  district, 
are  not  entitled  to  such  privilege  free  of  charge.  Only  the  real  resi¬ 
dents  of  the  district  can  lawfully  claim  the  right  to  send  their  chil¬ 
dren  to  its  school  without  paying  tuition. 

District  school  boards  are  empowered  to  decide  cases  of  questioned 
residence,  for  school  purposes,  and  the  decision  is  subject  to  reversal; 
only  by  the  courts. 

A  board  of  directors  has  the  right  to  fix  rates  of  tuition,  and  may 
require  all  pupils  who  are  non-residents  of  the  district  to  pay  the 
amount  fixed.  The  rate  fixed  should  not  be  less  than  the  pro  rota 
cost  of  attendance  in  the  room  in  which  they  are  instructed.  Neither 
should  non-resident  pupils  be  admitted  when  their  attendance  would 
restrict  the  advantages  of  resident  pupils. 

VACCINATION  OF  PUPILS. 

The  vaccination  of  pupils  is  not  mentioned  in  the  school  law.  Many 
school  boards  have  heretofore  considered,  that  under  the  direction  of 
the  State  Board  of  Health,  they  had  the  right  to  make  regulations 
admitting  to  school  privileges  only  those  who  presented  satisfactory 
evidence  of  vaccination.  But  the  Supreme  Court  recently  decided 
that  “The  Board  of  Health  can  not  prescribe  conditions  upon  which 
the  citizens  of  the  State  may  exercise  rights  guaranteed  them  by 
public  law,  and  that  the  privilege  of  attending  public  school  is  theirs, 
given  every  child  of  proper  age,  and  that  nowhere  is  found  a  provi¬ 
sion  of  law  prescribing  vaccination  as  a  condition  precedent  to  the 
exercise  of  such  right.” 


139 


From  this  decision  it  will  be  seen  that  a  school  board  has  no  au¬ 
thority  to  suspend  a  pupil  from  school  privileges  because  he  is  not 
vaccinated. 

In  what  way  can  school  officers  secure  the  vaccination  of  school 
children  lawfully? 

School  officers  may  use  all  their  powers  of  persuasion,  giving  their 
influence  in  all  reasonable  ways  to  secure  this  result. 

Can  public  school  funds  be  used  to  pay  the  expense  of  vaccinating 
pupils? 

The  vaccination  of  pupils  is  not  a  part  of  the  work  of  the  public 
school,  and  public  school  funds  can  not  be  used,  lawfully,  to  defray 
its  expense. 

While  the  State  Superintendent  is  heartily  in  sympathy  with  the 
effort  to  secure  the  vaccination  of  all  children  of  school  age,  and  de¬ 
sires  to  encourage  this  effort  to  the  extent  of  his  power,  he  is  assured 
that  he  needs  to  caution  public  school  officers  against  hasty,  injudi¬ 
cious,  unjust  and  unlawful  action  in  the  premises.  We  must  look  to 
continued,  consistent  efforts  in  the  right  way,  rather  than  to  spas¬ 
modic  and  abrupt  attempts,  for  the  best  results. 

WOMEN  AS  VOTERS. 

The  legislative  act,  approved  June  19,  1891,  by  which  women  were 
declared  to  be  “entitled  to  vote”  for  “any  officer  of  schools  under  the 
general  or  special  school  laws  of  this  State,”  has  been  modified  and 
defined  by  two  decisions  of  the  Supreme  Court  of  Illinois: 

Women  may  not  vote  for  a  State  or  county  superintendent  of 
schools. 

According  to  the  first  decision,  Mary  A.  Ahren  v.  William  J.  En¬ 
glish,  139  Ill.,  622,  “the  Legislature  had  or  has  no  power  or  authority 
to  invest  her  (woman)  with  the  right  to  vote  at  an  election  held  for 
a  county  superintendent  of  schools.”  The  reason  given  by  the  court 
for  this  decision  is,  that  the  qualification  of  electors  for  offices  speci¬ 
fied  in  the  constitution,  being  prescribed  in  that  instrument,  they 
can  not  be  changed  by  the  Legislature,  or  otherwise  than  by  amend¬ 
ment  of  the  constitution.  This  decision  debars  women  (except  the 
very  few  who  may  have  the  constitutional  qualifications)  from  voting 
for  a  State  or  county  superintendent  of  schools. 

They  may  vote  for  all  other  elective  school  officers. 

In  the  second  decision,  Mary  E.  Plummer  v.  Oscar  Yost,  144  Ill., 
68,  it  is  held  that  women  of  twenty-one  years  of  age  or  upwards, 
either  native-born  or  naturalized  citizens  of  the  United  States,  who- 
have  resided  in  the  State  one  year,  in  the  county  ninety  days  and  in 
the  school  district  thirty  days  next  preceding  an  election  for  any 
officer  of  schools,  can  vote  at  that  election,  provided  the  officer  to  be 
elected  is  to  hold  a  school  office  which  is  not  specified  in  the  consti¬ 
tution,  but  created  by  the  Legislature  in  conformity  with  the  power 
granted  in  the  constitution.  This  construction  aHows  women  to  vote- 
for  trustees  of  the  University  of  Illinois. 


140 


In  the  elections  in  which  only  a  part  of  the  candidates  named  on 
the  general  ticket  can  be  voted  for  by  women,  a  separate  ballot  box 
can  be  provided  by  the  judges  of  election  to  receive  the  ballots  of 
women  only. 

The  vote  of  a  woman,  except  it  he  for  a  school  officer,  or  her  signa¬ 
ture  to  a  petition  for  any  purpose,  has  no  legal  force. 

Since  the  only  authorization  women  have  for  voting  or  for  exercis¬ 
ing  privileges  in  school  affairs,  not  accorded  them  before  the  passage 
of  the  act  of  1891,  is  contained  in  this  act,  and  since  this  act  does 
not  extend  their  privileges  beyond  voting  for  certain  officers  of 
schools,  it  follows  that  their  votes  on  the  establishment  of  kindergar¬ 
tens  or  on  other  school  questions,  and  their  signatures  to  petitions 
for  any  purpose,  have  no  legal  force. 

Registration  of  women  voters. 

Women  voters  must  be  registered  in  order  to  vote  in  cases  only  in 
which  men  w7ho  vote  at  the  same  election  for  the  same  officers  must 
be  registered.  Registration  is  not  required  ordinarily  of  the  electors 
of  township  trustees  or  members  of  a  general  school  board,  but  it  is 
required  of  those  who  vote  for  trustees  of  the  University  of  Illinois. 
The  manner  of  registering  women  does  not  differ  from  that  of  regis¬ 
tering  men. 

Three  qualifications  required. 

The  law  requires  the  voter  to  possess  three  qualifications,  viz. :  Citi¬ 
zenship,  necessary  age  and  residence.  No  preference  is  shown  women 
over  men  in  these  respects;  but  by  a  statute  of  the  United  States 
(act  approved  Feb.  10,  1855)  an  alien-born  woman  becomes  a  citizen 
of  the  United  States  by  reason  of  her  marriage  to  a  citizen  of  the 
United  States.  When  such  a  woman  possesses  the  requisite  age  and 
.residence  she  should  be  allowed  to  vote. 


141 


INDEX. 


Page. 

Accounts  of  county  superintendent,  how 

kept .  11 

of  township  treasurer,  examined  by 

county  superintendent .  10 

same,  how  kept .  32 

same,  subject  to  inspection .  33 

of  township  treasurer  with  school  dis¬ 
tricts  .  36 

same,  semi-annual  statement  of .  36 

Actions,  civil— 

against  collectorof  taxes . 11,63 

against  county  board . 69,70 

against  persons  failing  to  pay  over 

fines  and  forfeitures .  80 

against  purchaser  of  school  lands _  76 

against  school  officers . 82,83 

against  township  treasurer . 38,82 

against  townshio  trustees . 12,30,82,83 

against  tresspassers  on  school  lands.  74 

to  recover  interest .  35 

to  recover  on  mortgages .  35 

to  recover  on  notes,  etc.,  belonging  to 

the  school  fund . 34,35 

Actions,  criminal— 

, against  school  officers .  83 

against  persons  preventing  colored 

children  from  attending  school .  84 

against  ti’espassers  on  school  lands. .  74 

Acts,  official,  to  be  recorded . 18,41,50 

repealed .  87 

special,  may  be  relinquished .  30 

Administrators  to  give  preference  to 

debts  due  the  school  fund .  35 

Advertisements  of  sale  of  school  houses 

or  site .  21 

of  sale  of  school  lands . 22,75 

Advice  given  to  school  officers  by  State 

Superintendent .  5 

to  school  officers  and  teachers  by 

county  superintendents .  10 

A.ge  of  persons  enumerated  in  school 

census .  20 

in  statistics  of  illiteracy .  20 

of  school  children .  42 

taken  as  basis  of  apportionment  of 

funds . 13,19.70 

Apparatus,  school  may  be  purchased .  45 

mav  not  be  sold  by  school  teacher  or 

officers . 6, 42, 84 

Appeal  from  county  superintendent  to 

State  Superintendent .  13 

from  trustees  to  county  superinten¬ 
dent . 26,27 

Apportionment  of  funds  by  Auditor. . .  .70, 71 

by  county  superintendent .  13 

by  township  trustees .  19 

Appraisal  and  distribution  of  district 
property,  when  a  new  district  is 

formed . 29,30 

of  school  lands .  75 


Page  . 


Appraisers,  how  appointed .  29 

Assessors  to  note  number  of  districts,  in 

assessing  personal  property .  62 

Assistant  of  county  superintendent .  8 

his  compensation .  8 

Attachment,  writ  of,  etc .  34 

Attorneys,  State’s,  duties  of,  with  re¬ 
gard  to  liens  and  forfeitures .  79 

Auditor.  State,  to  apportion  public  funds  70 
to  withhold  funds  at  request  of  State 

Superintendent .  6 

to  file  transcript  of  land  sales .  77 

to  issue  patents  for  school  lands .  77 

to  issue  warrant  for  pay  of  county 

superintendent . 9,68 

when  patents  are  lost  to  issue  dupli¬ 
cates .  78 


Board  of  directors .  39 

Board  of  Education  of  the  State  of  Illi¬ 
nois,  the . 5,106 

Board  of  Education  of  the  township— 
See“Township  Board  of  Education” 

Board  of  Education .  47 

appointed  when . 51,89 

elected  when . . 47,92,98 

funds  witheld  from .  86 

in  cities  of  1, 000.  powers  and  duties  of  48 
in  cities  of  100,000,  powers  and  duties  of  51 
in  cities  with  special  school  charters.  92 

term  of  office  of . 48, 89, 98 

to  make  reports .  50 

to  appoint  a  truant  officer  to  enforce 

compulsory  law .  95 

Bond- 

official,  county  superintendent’s .  7 

approval  of .  7 

custodian  of .  8 

form  of, .  7,8 

insufficiency  of .  8 

State  Superintendent’s,  approval  of  .  3 

custodian  of .  3 

township  treasurer’s,  approved  by 

county  superintendent .  12 

same,  by  trustees .  31 

custodian  of .  13 

form  of .  32 

insufficiency  of .  13 

same,  trustees  liable  for .  83 

Bonded  debt,  how  disposed  of  in  case  of 

change  of  district  lines .  28 

Bonds .  64 

original  issue  of .  64 

same,  amount  limited  .  64 

same,  registry  of .  64 

refunding  without  registration  with 

Auditor .  66 

vote  of  people  for  the  issue  necessary  64 
Books.  See  “Text  books.” 


142 


Page. 

Boundaries,  district.  See  “District  boun¬ 
daries.” 

Branches  of  study  determined  by  direct¬ 
ors  . 43,53,57 

by  voters .  57 

See  also  “Teacher’s  certificate.” 

Census  of  children  under  21  taken  by 

county  superintendent .  12 

by  directors .  41 

by  trustees . 19,20 

State  basis  of  apportionment  by 

Auditor .  70 

Certificate  of  amount  of  tax  due  each 

district . 61 

of  tax  levy .  61 

how  made  when  district  lies  in  two  or 

more  counties .  62 

•Certificate  of  licensure,  teachers . 53,55 

age  of  applicants .  55 

essential  that  the  teacher  have  one  at 
the  time  he  enters  upon  his  duties.  56 
issued  by  county  superintendents. ...  55 

same,  examinations  for .  55 

same,  form  of .  56 

same,  fee  for .  57 

same,  grades  of .  55 

same,  qualifications  for . 55,56 

same,  record  of .  56 

same,  renewal  of .  56 

same,  revocation  of .  56 

issued  by  State  Superintendent .  55 

same,  examination  for .  55 

same,  revocation  of .  55 

Certificate  of  purchase.  See  “Common 
school  lands.” 

Changes  of  text  books .  43 

Charitable  institutions.  State  educa¬ 
tional,  visited  by  State  Superin¬ 
tendent .  5 

to  make  report .  6 

Children,  all  to  receive  a  good  common 

school  education . 1, 42 

secured  the  right  to  instruction  in 
the  branches  of  an  elementary  edu¬ 
cation .  95 

colored,  rights  of  in  public  schools ...  84 

illiterate,  number  of  reported . 4,20 

number  of  in  public  schools,  re¬ 
ported . 4,20,41 

number  of  under  21,  basis  of  appor¬ 
tionment . 13,19,70 

number  of  under  21,  reported . 4, 20, 41 

penalty  for  employing,  when  under. .  13, 93 

penalty  for  failure  to  report .  83 

penalty  for  false  report .  83 

under  13,  unlawful  to  hire .  93 

Churches  to  receive  no  appropriation 

from  school  fund .  84 

•Cities  and  towns — 

of  1,000  inhabitants .  47 

of  100.000  inhabitants .  51 

to  forfeit  funds,  when .  86 

with  special  charters . 51,52,86 

same,  modified . 61,86,89 

Classes  for  deaf  children .  103 

Clerk  of  board  of  directors,  appointed. . .  41 

compensation  of .  44 

to  keep  a  record .  41 

same,  to  submit  to  treasurer .  41 

to  post  exhibit  of  treasurer  at  annual 

election .  43 

to  report  to  township  treasurer .  41 

board  of  trustees.  See  “Township 
treasurer.” 

Clerks  of  courts  of  record  to  report  and 

pay  over  fines  and  forfeitures .  79 

Collector  of  taxes — 

liability  of,  for  non-payment  of  dis¬ 
trict  taxes  collected .  63 

to  give  notice  to  directors  and  trus¬ 
tees  .  85 


Page. 

Collector  of  taxes — Continued. 

to  pay  amount  of  Auditor’s  warrant 

to  county  superintendent .  70 

to  pay  amount  of  district  taxes  col¬ 
lected  to  township  treasurer .  63 

to  state  to  township  treasurer  amount 

of  district  taxes  uncollected .  63 

Colleges,  etc.,  to  report .  86 

Colored  children  in  public  schools .  ,85 

Common  school  lands— (16th  section) _  73 

business  with  regard  thereto,  where 

transacted .  73 

certificate  of  purchase  of .  77 

same,  filed  with  county  superintend¬ 
ent . 77,78 

same,  duplicate  of .  78 

patents,  conveying  title  to .  77 

same,  duplicates .  78 

payment  to  secure  purchase .  76 

same,  failure  to  make .  76 

rental  of .  73 

right  of  way  over,  granted .  74 

sale  of .  74 

same,  advertisement  of . 75,76 

same,  at  private  sale .  77 

same,  made  by  county  superintend¬ 
ent  .  78 

same,  manner  of .  77 

same,  petition  for .  74 

same,  in  fractional  townships .  75 

same,  notice  of,  given  trustees .  75 

same,  place  of .  76 

same,  terms  of .  76 

sale  of  at  subsequent  time .  77 

statement  of  sales  of,  to  county  board  77 

same,  examined  and  recorded .  77 

same,  transcript  of,  filed  with  Auditor  77 
trustees  to  divide  into  lots  and  plat. .  75 

to  value  lots . *.  75 

to  re-value  lots .  77 

See  also  “Real  estate.” 

Compensation  of  school  officers .  87 

of  assistants  of  county  superintend¬ 
ent  .  8 

of  clerk  of  board  of  directors .  44 

of  county  superintendent .  9 

of  township  treasurer.. . .  39 

Compulsory  attendance .  95 

Condemnation  of  land  for  school  site. . . .  45 
Consolidation  of  districts.  See  “District 
boundaries.” 

of  townships.  See  “Township.” 
Constitution  of  Illinois,  1870,  Art.  V,  Sec. 

1,  and  Art.  VIII  of .  1 

Contracts  made  by  boards  of  trustees 
and  directors,  members  not  to  be 

interested  in . 43,84 

made  with  teachers,  conditions  of 

validity  of . 55,56 

Control  of  school  houses .  44 

Controversies  arising  under  school  law.  13 
appeal  of,  to  State  Superintendent...  5 
Conveyance  of  real  estate  by  county  su¬ 
perintendent . 11, 78 

by  trustees .  21 

to  cities  in  trust .  54 

Corporation,  board  of  education,  a .  48 

board  of  directors,  a .  39 

board  of  trustees,  a . 1,15 

not  to  make  sectarian  grants .  84 

Costs  not  chargeable  to  school  officers, 

when .  85 

County  board .  68 

bills  of  county  superintendent  to  be 

audited  by . 9,69 

bond  of  county  superintendent  ap¬ 
proved  by .  7 

examination  of  report  of  land  sales 

by . 9,69 

liability  of,  for  failure  to  make  exam¬ 
ination . 69,70 

may  require  new  bond  of  county  su¬ 
perintendent .  68 


Page. 


'County  board—  Continued . 

must  furnish  office  and  supplies .  69 

removal  of  county  superintendent  by 
vacancy  in  office  of  county  superin¬ 
tendent .  69 

•County  clerk .  66 

election  of  trustees,  ordered  by .  16 

list  of  trustees  furnished  county  su¬ 
perintendent  by  . 18,66 

map  of  township,  tiled  by .  27 

tax-payers,  list  of,  filed  by .  27 

to  compute  district  taxes .  67 

to  certify  to  same  to  township  treas¬ 
urers . ’. .  67 

to  record  statement  of  land  sales .  68 

to  transmit  county  superintendent’s 

bill  to  State  Auditor .  68 

•County  fund- 

consists  of  what .  71 

loaned  by  county  superintendent  ....  18 

County  superintendent  of  schools .  7 

accounts  of  township  treasurer,  ex¬ 
amined  by .  10 

adviser  of  school  teachers  and  officers  10 
appeal  from,  to  State  Superintendent  13 
appeal  to,  from  action  of  trustees  ....  10 

apportionment  of  funds  by .  13 

same,  of  interest  on  county  fund .  13 

assistant*^ .  8 

,  bond  of .  7 

bond  of  township  treasurer,  approved 

and  held  by . 12,13 

may  demand  that  same  be  increased.  32 

certificate,  teacher’s,  may  grant . 10,55 

same,  may  renew  or  revoke . 11,56 

same,  to  make  record  of — . 10,56 

compensation  of .  9 

controversies  under  school  law,  re¬ 
ferred  to .  13 

county  funds,  loaned  by .  13 

directors, may  order  election  of .  40 

same,  may  remove . 11,46 

election  of . v. .  7 

examination  of  teachers. to  make  ...10,57 
examination  of  treasurer’s  accounts, 

etc.,  to  make .  10 

fines  and  forfeitures,  duties  of,  con¬ 
cerning . 12, 13,79 

funds,  withheld  by . 13,86 

may  be  chosen .  2 

notes,  etc., taken  by .  13 

oath  of  office,  taken  by .  7 

•office  for .  8 

office  turned  over  to  successor  by _  13 

qualifications  of .  2 

real  estate,  may  sell  and  convey,  and 

lease . 11,77 

records,  kept  by .  11 

removal  of,  by  county  board .  68 

report  of,  to  county  board . 10, 77 

same,  to  State  Superintendent .  12 

same,  to  trustees,  on  treasurer’s  ac¬ 
counts,  etc .  10 

sale  of  common  school  lands  by.  See 
"Common  school  lands.” 

schools  visited  by .  9 

statistics  of  townships,  may  make  up  12 
same,  cost  of  may  collect  from  trus¬ 
tees  .  12 

supplies  for .  8 

teachers  examined  by . 10,57 

teachers’  institutes  conducted  by  ...10,57 
treasurer’s  accounts  examined  by ... .  10 
treasurer’s  bonds  approved  and  held 

by . 12,13 

trustees,  election  of,  ordered  by .  10 

vacancy  in  office  of,  how  filled .  8 

County  treasurer  to  give  notice  to  direc¬ 
tors  and  trustees .  85 


Debt,  bonded,  how  disposed  of  in  case  of 

change  of  district  lines .  28  [ 


Page. 


Debts  of  old  districts  to  be  deducted  ....  29 
due  school  funds,  preferred  claims ...  35 
same,  may  be  compromised  by  trus¬ 
tees .  22 

Default  in  payment  ot  loans  or  interest 

thereon .  35 

penalty  for  same .  35 

Demands  against  school  officers,  liens 

for,  upon  real  estate .  83 

Diploma  of  county  normal  school  some¬ 
times  qualification  for  first  grade 

certificate .  55 

Directors  of  schools,  a  body  politic  and 

corporate .  39 

boards  of,  elected .  40 

apparatus  purchased  by,  when .  44 

Directors  of  schools — 

bonds  issued  by . 44,64 

bonds  refunded  by .  66 

branches  of  study  prescribed  by _ 43,53 

certificate  of  tax  levy  made  by .  61 

same,  when  to  return .  61 

same,  when  district  is  in  two  or  more 

counties .  62 

clerk  of,  see  "Clerk.” 

dismissal  of  teacher .  44 

duties  of,  with  regard  to  the  schools. 42, 44 

election  of .  40 

same,  notices  of .  40 

same,  ordered  by  county  superintend¬ 
ent  .  40 

same,  ordered  by  township  treasurer.  40 

election  of,  on  Saturday .  40 

same,  postponed .  40 

elections  to  choose  school  sites,  etc., 


exclusion  of  colored  children  from 

schools  by, prohibited .  85 

exhibit  by  township  treasurer  to .  36 

same,  posted  by,  at  annual  election ...  37 
interest  in  contract  made  by  the 

board,  prohibited  to .  42 

same,  in  sales  of  books,  etc.,  used  in 


interest  on  teachers’  orders,  to  pay 


judges  of  district  elections .  40 

judgments  and  executions  against...  86 

for  conversion  of  school  fund .  83 

for  failure  to  discharge  duties  of 

office . 82,83 

for  failure  to  make  returns,  or  for 
making  false  returns  of  statistics  83 

for  loss  of  school  funds . 83 

for  perversion  of  school  funds  to 

sectarian  purposes .  84 

liable . 45,46,82,83,84 

libraries  and  apparatus  purchased  by, 

when .  44 

may  assume  indebtedness  created  for 

district .  95 

may  borrow  money,  when .  64 

may  compensate  clerk .  44 

may  not  be  trustees . 40 

meeting  of .  41 

names  of  teachers  reported  to  county 

superintendent  by .  42 

non-residence  of  members  of,  consti¬ 
tutes  vacancy . 40 

official  business  of,  how  transacted  . .  41 

orders  drawn  by . 43,45,46 

same,  may  not  be  drawn  when . 43,45 

organization .  41 

poll-book,  returned  by .  41 

power  of, to  tax . ..61,62 

same,  limitations .  61 

president  of  board .  41 

property  of  district,  personal,  sale  of, 

by .  44 

pupils  transferred  by .  46 

same,  amount  due  on  account  of,  col¬ 
lected  by .  46 

qualifications  of .  40 


Pacje  . 

Directors  of  schools— Continued. 

quorum  of .  41 

records  kept  by .  41 

records,  submitted  to  treasurer .  41 

removal  of .  46 

reports  to  treasurer .  41 

schedules,  certified  by . 43,59 

same,  delivered  to  township  treasurer 

by .  43 

same,  delivery  of  limited .  43 

same,  receipted  for .  59 

schedules,  separate,  delivered  by, 

when . 46,59 

school  house  controlled  by .  44 

same,  use  of  for  meetings  granted  by  44 
school  house  site,  located  by,  when  . .  45 

teachers,  employment  of,  by .  42 

same,  how  limited .  56 

teachers,  payment  of,  by .  43 

same,  how  limited . 43 

term  of  office .  40 

tie  at  election  of .  41 

to  notify  collector  of  taxes  to  whom 
to  pay  the  money  belonging-  to  a 

union  district..- . 42,63 

transfer  of  pupils  by .  46 

truant  officer  appointed  by .  96 

vacancy  in  office  of,  how  filled .  40 

women  may  be  elected . 40,85 

District,  bdundaries  of,  how  changed... 25, 51 

township  a,  for  high  school . 22,23 

Districting  of  newly  organized  township  24 

Districts,  changes  of .  25 

dissolved,  when .  30 

divided  by  county  lines,  taxation  in. .  62 

elections  in . 28,40,47 

elections  to  vote  on  change .  25 

formation  of .  25 

funds  of,  held  by  township  treasurer.  21 
indebtedness  created  for,  may  be  as¬ 
sumed .  95 

list  of  taxpayers  in,  to  be  filed .  27 

maps  of,  made  and  filed .  27 

property  of.  held  by  trustees .  21 

same,  when  divided .  29 

taxes  of.  See  “Taxes.” 

with  1,000  inhabitants .  48 

with  100,000  inhabitants .  51 

See  “Union  Districts.” 

Division  of  property  of  a  district .  29 

Donations,  etc.,  for  school  purposes . 1,21 

same,  for  sectarian  purposes,  prohib¬ 
ited . 1,84 


Eastern  Illinois  Normal  School .  112 

Education,  good  common  school,  to,  be 

afforded  all  children .  1 

elementary,  secured  to  children .  95 

Effects  of  alcohol  and  narcotics .  90 

Elections.  See  “State  Superintendent;” 
“County  Superintendent;”  "Direct¬ 
ors  of  Schools;”  “Township  Trust¬ 
ees;”  “Boards  of  Education.” 
to  purchase,  move  or  build  a  school 

house .  45 

Eligibility  to  office,  to  board  of  educa¬ 
tion .  52 

to  board  of  directors .  40 

to  board  of  trustees . 15, 16 

to  township  treasurership .  18 

Eligibility  of  women  to  office  under 

school  laws . 40,85 

Enumeration  of  children.  See  “Census.” 

separate,  made  when .  20 

Examination  of  books,  accounts,  etc.,  of 
county  superintendent  by  county 

board . 12,69 

of  directors  by  township  treasurer. . .  41 
of  treasurer  by  county  superintend¬ 
ent  .  10 

same,  by  trustees . 20,21 


Examination  of  teachers  by  county  su¬ 
perintendent . 10.  57 

for  State  certificates . 5,55 

Execution  issued  against  directors  and 

trustees . 86,87 

Executors  to  give  preference  to  school 

debts .  35 

Exemption  from  road  labor  and  military 

duty . 87 

Expulsion  of  pupils  by  directors .  44 


False  returns  of  children .  83 

Fines.  See  “Penalties.” 

Fines  and  forfeitures .  79 

Flags  on  school  houses . 102, 103 

Forfeiture  of  funds  by  townships .  20 

Form  of  bond  of  county  superintendent.  7 

of  bond  of  township  treasurer . 32 

of  notice  to  district  affected  by 

changes  proposed . 26 

of  mortgage .  34 

of  orders  by  directors .  46 

of  register .  58 

of  schedule  and  certificates  thereto..  59 

of  school  orders . . 46, 72 

of  tax  certificates .  61 

of  teacher’s  certificates  and  record. . .  56 

of  treas  j  rer’s  record  of  notes . . .' .  33 

Fractional  townships.  See  "Townships, 
fractional.” 

Free  schools  established .  1 

Fund,  school,  county,  consists  of  what...  71 

interest  on.  distributed . 13,71 

principal  of,  loaned .  13 

real  estate  belonging  to .  78 

Fund,  school,  State,  consists  of  what  —  70 

distributed . 70,71 

Funds,  school,  township,  consist  of  what  71 

interest  distributed .  71 

principal  loaned . 33,71 

real  estate  belonging  to . 20,71 

Funds.  See  “Apportionment  of  funds.” 

forfeiture  of .  20 

withheld  by  county  superintendent.  13, 86 
same,  by  order  of  State  Superintend¬ 
ent . .  6 

Funds,  school  dis  rict,  custodian  of .  21 

how  paid  out .  72 

snrplus  loaned .  34 

union  district’s  collected  in  one  treas¬ 
urer’s  hands . 42,63 

Furniture,  school,  sale  of  by  school  offi¬ 
cers  prohibited . 2,84 

purchase  of .  61 


General  Assembly  to  establish  free 

schools .  1 

Governor  to  approve  State  Superintend¬ 
ent’s  bond .  3 

Graduates  of  county  normal  schools .  55 


High  school,  township.  See  “Township 
high  school.” 

Holidays . .  60 


Illinois  State  Normal  University .  106 

Illiteracy,  report  of .  20 

Imprisonment  of  school  officers .  84 

Indebtedness  created  for  certain  dist¬ 
ricts  may  be  assumed  by  directors.  95 

previous,  tax  to  pay,  not  limited .  61 

refunded .  66 

Indictment  of  school  officers .  84 

of  trespasser .  74 

Informer  to  receive  half .  74 

Institutes,  superintendents  to  assist  in. .  10, 57 
fees  for .  57 


teachers  may  attend  without  deduc¬ 
tion  of  wages . 


57 


145 


Page. 

Institutions  of  learning  to  report .  86 

Insurance  of  improvements  on  real  es¬ 
tate  loans .  35 

Interest,  action  to  recover .  36 

added  to  principal .  36, 71 

distributed .  36,71 

on  teacher’s  orders  unpaid .  60 

same,  how  stopped .  60 

penalty  for  default  in  payment  of . . . .  35 

rates  on  bonds . 64,66 

rates  on  loans .  33 

State  to  pay .  70 


Judges  of  elections  of  directors .  40 

delivery  of  poll-book  by .  41 

Judges  of  elections  of  trustees .  16 

delivery  of  poll-book  by .  18  j 

Judgments  against  school  officers .  86  ! 

against  purchasers  of  school  lands  ..  76  j 

Justices,  duties  of.  concerning  fines  and 

forfeitui’es .  79 


Kindergarten  schools .  99 


Lands.  See  ‘^Common  School  Lands” 
and  “Real  Estate.” 

Levy  of  taxes.  See  “Taxes.” 

Liability  of  school  officers .  81 

Libraries,  school,  provisions  for . 44, 49 

Lien  on  real  estate  of  school  officers  from 

date  of  issuing  process .  83 

Limit  of  indebtedness,  bonds,  etc . 64,66 

of  taxation . 61,64 

Loans  of  county  funds .  13 

of  district  funds,  surplus .  34 

of  township  fund . 33,34 

Loss  of  funds,  liability  for .  84 


Mandamus,  writ  of .  86 

Manual  training  department .  105 

Map  of  township .  38 

filed  in  twenty  days  by  township 

treasurer .  38 

Meetings,  of  directors .  41 

of  trustees .  18 

in  school  houses .  44 

Miscellaneous .  85 

Month,  school .  60 

Mortgages— 

form  for .  34 

in  name  of  county  superintendent.  .13,34 
in  name  of  trustees . 22,34 


Normal  schools,  county,  act  establishing.  119 

State,  acts  establishing _ 106,109,112,116 

Northern  Illinois  Normal .  116 

Notes,  etc.,  in  name  of  county  superin¬ 
tendent .  14 

same,  examined  by  county  board .  71 

in  name  of  trustees .  33 

same,  examined  by  county  superin¬ 
tendent  .  10 

by  trustees .  20 

same,  list  of  given  county  superin¬ 
tendent,  annually .  34 

Notice  of  elections,  district . 28,40,48.65 

same,  township . 16, 17, 22 

same,  city,  etc.,  to  organize  under  gen¬ 
eral  law,  school . 51,92 

of  examinations  of  teachers  by  coun¬ 
ty  superintendent .  57 

by  State  Superintendent .  55 

of  sale  of  common  school  lands .  76 

of  sale  of  real  estate .  21 


Oath. official, county. superintendent’s...  7  ! 

State  Superintendent’s .  3  j 

—10 


\  i  AGE, 

Office  of  county  superintendent .  8 

Office  of  State  superintendent,  where 

kept .  4 

Office  supplies .  8 

Officers,  school,  exempt  from  road  labor 

and  military  duty .  87 

liabilities  of.  See  “Penalties.” 

lien  on  real  estate  of .  83 

to  receive  advice . . 4, 10 

Orders,  school,  form  of . 46,72 

when  against  uncollected  taxes .  45 

teachers,  substance  of . 60, 72 

same,  draw  interest,  when .  60 

same,  to  be  drawn,  when .  60 

treasurers  to  file .  72 

Organization  of  board  of  directors .  41 

of  board  of  trustees .  19 

of  cities,  etc.,  under  general  law . 47,52 


Parents  must  send  children  to  school ....  95 
Patents  issued  to  purchasers  of  school 

lands . 77,78 

same,  duplicates  of .  78 

Penalties,  who  subject  to— 

any  person  for  preventing  colored 

children  from  attending  school .  85 

for  trespass  on  school  lands .  74 

any  school  officer,  for  causing  loss  of 

school  funds . 83,84 

for  neglect  of  duty . 5,83,84 

ans  school  officer,  or  any  other  per¬ 
son  for  conversion  or  perversion  of 

school  funds .  84 

borrower  of  school  funds,  for  failure 

to  pay  interest  or  principal .  36 

cities,  for  failure  to  make  report .  86 

collectors  of  taxes,  for  refusal  to  pay.63, 71 
county  board,  for  neglect  of  duty  to 

examine  report  of  land  sales . 69,70 

clerks  of  courts,  of  record,  state’s  at¬ 
torneys  and  justices,  for  failure  to 
report  and  to  collect  and  pay  over 

fines  and  forfeitures . 79, 80 

directors.  See  “Directors  liable.” 
parents,  for  keeping  children  from 

school . 95,96 

parents,  employers,  etc.,  for  the  hir¬ 
ing  of  children  under  13  years  of 

age .  93 

purchaser  of  school  lands  for  not  se¬ 
curing  payment .  76 

townships,  for  failure  in  delivering 

reports .  20 

treasurers.  See  “Treasurers  liable.” 
trustees.  See  “Trustees  liable.” 

See  also,  “Removal  from  office.” 

Permits  to  transfer  pupils .  46 

to  be  filed .  46 

Pel-version  of  funds  to  sectarian  uses. . .  84 

penalty  for .  84 

Petition  for  change  of  district  lines .  25 

same,  to  be  filed  twenty  days .  25 

same,  notice  of  to  districts . 25,26 

for  or  against  township  high  school. .  22 

for  sale  of  school  house .  21 

for  organization  under  the  general 

law . 51,92 

for  purchase  of  school  sites,  etc .  50 

for  sale  of  school  lands .  74 

Plat  of  common  school  lands . 74,75 

Poll-book,  election  of  directors,  return  of  41 

same,  penalty  for  failure .  41 

election  of  trustees,  return  of .  18 

same,  penalty  for  failure .  18 

Polling  places,  more  than  one,  when .  17 

Polls,  election  of  directors,  opened  and 

closed . 17,40 

elections  of  trustees .  17 

Poor  children,  books  for .  43 

Postponement  of  election... . . 17,4 


Page. 


President  board  of  directors .  41 

pro  tempore,  may  be  appointed .  41 

of  board  of  trustees .  18 

pro  tempore  may  be  appointed .  19 

Proceedings, official,  to  be  recorded.  .18, 19, 41 
Property  of  districts,  divided  in  case  of 

change  of  district  boundaries .  29 

teachers  to  account  for .  58 

Publication  of  statement  by  township 

treasurer .  38 

Pupils,  age  of .  42 

age  and  name  noted  on  register .  58 

same,  on  schedule .  59 

assigned  to  the  several  schools .  45 

attendance  of,  noted . 58,59 

suspension  and  expulsion  of .  44 

transferred .  46 

same,  separate  schedule  of,  when. ...  46 
under  12.  in  school  four  hours  a  day. .  44 

Purchaser  of  common  school  lands .  76 

may  borrow  amount  of  bid .  76 

must  secure  payment  of  bid .  76 

to  receive  certificates  of  purchase. . . .  77 

to  receive  patents . 77 

when  to  receive  duplicates .  78 


Qualifications,  for  office  of  county  super¬ 
intendent . : .  2 

directors .  40 

treasurer .  18 

trustees . 15,16 

of  teachers . 55,56 

of  voters .  16 

of  women  as  school  officers . 40,85 

Quorum  of  directors .  41 

of  trustees .  19 


Page. 

Removal  from  district  or  township, 

effect  of .  40 

from  office — 

of  county  superintendent .  68 

of  directors .  46 

of  president  of  board  of  trustees ...  18 

of  teachers . 44,50 

of  treasurers .  18 

Repeal  of  former  acts . 87,88 

Reports  of  cities  and  towns .  86 

of  collector  of  taxes  to  township 

treasurer .  63 

to  trustees  and  directors .  86 

of  county  superintendent  to  county 

board,  annual .  12 

same,  of  land  sales  to  county  board..  11, 69 

same,  to  Auditor . 9,77 

same,  of  condition  of  schools  to  State 

Superintendent .  12 

of  directors  to  township  treasurer  ...  41 
same,  to  county  superintendent ....  42 

same,  to  voters  at  annual  meeting _  42 

of  fines  and  forfeitures .  79 

of  institutions  of  learning .  86 

of  rentals  to  county  superintendent. .  73 
of  State  Superintendent  to  Governor  4 
of  statistics— See  “Statistics.  ” 
of  treasurer  to  trustees,  annual  and 

semi-annual .  36 

of  trustees  to  county  superintendent  19 

same,  items  of . 19,20 

penalties  for  failure  to  make— See 
“Penalties.” 

Revenue  and  taxation .  61 

Rules  and  regulations  made  by  board  of 

education .  50 

by  directors .  4 

by  State  Superintendent .  5 


Rate  of  interest— See  “Interest.” 

Real  estate  held  by  county  superintend¬ 
ent . 11,78 

by  trustees .  22 

leased . 11,22, 73 

lien  on,  belonging  to  school  officers. .  83 

released .  35 

right  of  way  over,  granted . 78,79 

security  for  loans . 33,34 

same,  how  valued .  33 

taken  for  indebtedness  by  county 

superintendent . 11,78 

by  trustees .  22 

See  also  “Common  school  lands.” 

Receipts  for  schedules .  59 

treasurer  to  take  and  file .  72 

Records  of  county  superintendents.  .10,56, 77 

same,  examined  by  county  board _ 12,69 

of  directors . 41 

same,  submitted  to  township  treas¬ 
urer  .  41 

of  sale  of  common  school  lands .  77 

same,  examined  by  county  board .  69 

same,  transcript  of,  filed  with  Auditor  77 

of  State  Superintendent .  4 

of  teachers’  certificates  granted  by 

county  superintendent .  56 

of  treasurer . 32,33 

same,  examined  by  county  superin¬ 
tendent  .  10 

same,  open  for  inspection . 18,19,33 

Records — 

same,  submitted  to  trustees .  36 

of  trustees . 18, 19 

same,  open  for  inspection . 19, 33 

Registers,  books  furnished  by  directors.  58 
same,  returned  by  teachers  at  close 

of  term .  58 

form  of .  58 

to  be  kept  by  teachers .  58 

Registration  fee . 57 

Relinquishment  of  special  charter .  51 


Salary  of  State  Superintendent .  3 

Sale  of  common  school  lands— See 
“School  lands.” 

of  real  estate— See  “Real  estate.” 

of  school  books,  etc.,  limitations . 2,84 

of  school  house  and  site .  21 

of  school  property .  44 

Schedules,  certificates  upon,  form .  59 

delivery  of  to  directors. . . 59,60 

to  township  treasurer .  43 

form  of .  59 

receipt  for,  given  to  teacher .  59 

teacher  to  keep .  59 

Scholars— See  “Pupils.” 

School,  any  gift,  etc.,  to . 1,21 

School  books— See  “Text  books.” 

School  books,  apparatus  and  furniture, 
school  officers  not  to  be  interested 

in  when . 2,42,84 

School  directors— See  “Directors.” 

School  districts— See  “Districts.” 

School  elections— See  “Elections.” 

School  funds . 70 

School  houses,  building  of,  tax  for  lim¬ 
ited  .  61 

same,  vote  necessary  to  authorize ....  45 

controlled  by  directors .  44 

meetings  in .  44 

repairing  and  improving . 44,52,61 

site  of .  45 

title  to.  in  trustees .  21 

School  inspectors . 97,98 

School  lands . ! .  73 

School  liabraries . 44,61 

School  month .  60 

School  officers — 

exempted  from  road  labor  and  mili¬ 
tary  duty .  87 

legal  advisers  of . 4,10 

liable  for  conversion  of  school  funds.  83 
for  exclusion  of  colored  children ....  84 
for  failure  to  return,  or  false  return 
of  statistics .  83 


147 


Page. 

School  officers—  Concluded. 

for  loss  of  school  funds . 83,84 

for  perversion  of  same .  83 

lien  on  real  estate  of .  83 

selling1  school  books,  etc.,  by,  prohib¬ 
ited,  when . 2,84 

See  also  “Superintendent  of  Public  In¬ 
struction  and  other  officers. ”, 

School  orders.  See  “Orders.” 

School  site.  See  “Site.” 

School  superintendent.  See  "Supt.” 

School  tax.  See  "Taxes.” 

School  trustees.  See  “Trustees  of  schools.” 

School  visitation . 9,42,49 

School  teachers.  See  “Teachers.” 

School  year .  42 

Schools,  branches  of  study  in,  how  deter¬ 
mined  . 43,50,55,56 

high.  See  “Township  high  schools.” 

m  anagement  of . 23, 42, 43. 49, 52 

normal . 106, 109, 112, 116, 119 

supervision  of .  4, 9 

support  of . 42,49 

tei*m,  in  cities .  49 

same,  in  districts . 42,45 

same,  may  be  extended  how .  45 

visitation  of . 9,42 

Secretary  of  State  to  hold  State  Superin¬ 
tendent’s  bond .  3 

Sectarian  purposes,  perversion  of  funds 

to,  prohibited . 1,84 

Security  on  bonds.  See  “Bonds,  official.” 

personal,  on  loans .  33 

real  estate,  on  loans .  33 

same,  improvements  on,  to  be  valued  35 

Settlement,  trustees  may  make .  22 

Site,  school  house,  choice  of . 45,52 

same,  when  made  by  directors .  45 

sale  of .  21 

condemnation  of  land  for .  45 

title  held  by  trustees .  21 

Sixteenth  section,  constitutes  common 

school  lands .  73 

other  sections  in  lieu  of .  73 

Some  principles  of  Illinois  school  law  ...  123 

appeals .  123 

board  of  directors— powers  and  duties  123 
board  of  education — powers  and  du¬ 
ties  .  125 

bonds .  125 

calendar  month .  126 

certificates .  126 

corporal  punishment .  127 

county  superintendents— powers  and 

duties .  127 

course  of  study,  and  its  enforcement.  127 

elections .  128 

funds .  129 

holidays  for  schools .  129 

institutes .  130 

kindergarten  schools .  130 

oath  of  office .  130 

petitions .  131 

pupils . 133 

school  sites .  133 

State  Superintendent .  134 

taxation .  135 

teachers . 135 

text-books  on  physiology .  135 

township  high  school— formation .  135 

township  treasurer— powers  and  du¬ 
ties  . . .  137 

truancy  and  non-attendance .  137 

tuition .  138 

vaccination  of  pupils .  138 

women  as  voters .  139 

Southern  Illinois  Normal  University  ....  109 

Special  acts  may  be  l’elinquished . 51,92 

modified  in  certain  cases . 61,86,89 

not  repealed .  86 

State  to  pay  interest .  70 

State’s  Attorney.  See  “Attorneys.” 


Page. 


State  certificates . 5,55 

charitable  institutions,  superintend¬ 
ent  of,  to  report .  6 

State  charitable  institutions,  visited  by 

State  Superintendent .  5 

State  funds .  70 

State  normal  schools . 106,109,112,116 

State  Superintendent.  See  “Superintend- 
Of  Public  Instruction.” 

Statements,  made  by  teachers .  59 

Statistics,  not  divisible,  how  reported.. 20, 21 
See  “Reports.” 

Sufficiency  of  treasurer's  securities, 

trustees  responsible  for .  83 

Suits.  See  “Actions.” 

Superintendent  of  Public  Instruction. ...  3 

adviser  of  county  superintendents ...  4 

bond  of .  3 

certificates.  State  teachers’  granted 

and  revoked  by . 5,55,56 

election  of .  3 

forfeitures  remitted  by .  6 

funds  withheld  by . .  6 

not  to  be  interested  in  the  sale  of 

school  books,  etc . 2,84 

oath  of  office  of .  3 

office  of,  at  seat  of  government .  4 

same,  expense  of .  3 

papers,  etc.,  filed  and  preserved  by. . .  4 

record  kept  by .  4 

report  of,  to  the  Governor .  4 

rules  to  enforce  the  school  law,  made 

by . 5 

salary  of,  determined  by  law .  3 

term  of  office  of .  3 

to  advise  school  officers .  5 

to  counsel  and  advise  with  teachers . .  4 

to  have  supervision  of  the  public 

schools .  4 

to  visit  State  charitable  institutions.  5 
Superintendents  of  State  charitable  in¬ 
stitutions  to  report  to  State  Super¬ 
intendent  .  5 

Superintendents  of  schools,  appointed 

when .  49 

Sureties.  See  “Bonds,  official.” 

Suspension  of  pupils  — : .  44 


Taxes,  school,  collection  of .  62 

computation  of,  basis  of . 61,62 

same,  made  by  county  clerk . 61,62 

collector  of,  to  pay  how,  in  case  of 

union  districts .  63 

same,  to  pay  township  treasurer .  63 

same,  failure  to  pay .  63 

levy  of,  form  of  certificate .  61 

same,  when  returned .  61 

must  be  uniform .  62 

power  to  levy,  granted  board  of  edu¬ 
cation  in  cities  and  villages . 49,61,62 

to  directors . 45,61 

same,  limited . 45,61 

same,  in  satisfaction  and  judgment. 86, 87 

Taxpayers,  list  of  filed .  27 

Teachers,  appointment  of . 42,49,52 

cannot  be  paid,  when . 43,56,58 

cannot  be  employed,  when .  56 

dismissal  of . 44,50 

examination  of . 49,55,56 

funds  withheld  from .  6 

must  have  certificate . 43,55 

names  of,  reported  to  county  supt. ...  42 

not  to  teach  on  holidays .  60 

pension  fund . 100,101 

registers  to  be  kept  by .  58 

same,  returned  to  directors .  58 

schedule  to  be  kept  by  . .  59 

Teachers — 

same,  certified . 59,60 

same,  unpaid,  balance  of  to  draw  in¬ 
terest .  60 

statements  made  by .  59 

wages  of,  due  when . 60 

teachers,  certificates  of . . .  55 


148 


Page. 

Teachers’  institutes  held  by  county  su¬ 


perintendent  . 10, 57 

fees  for . 57 

teachers  may  attend  without  deduc¬ 
tion  of  wrages . 57, 58 

Term  of  office  of  boards  of  education. . .  .23,48 

of  county  superintendent .  7 

of  directors .  40 

of  State  Superintendent .  3 

of  treasurer .  18 

of  trustees .  15 

Terms  of  loaning  school  funds .  33 

of  sale  of  school  lands .  76 

Text  books  prescribed  by  directors .  43 

same,  to  be  uniform .  43 

same,  not  to  be  changed  oftener  than 

once  i^n  four  years .  43 

same,  for  poor  children .  43 

same,  not  to  be  sold  by  school  offi¬ 
cers . 2,84 

Tie  vote,  how  decided . 17,40 

Title  to  real  estate— 

to  school  houses  and  lots .  21 

to  common  school  lands,  from  the 

State . 73,77 

Town  meeting,  election  of  trustees  at _  18 

Towns  and  cities.  See  “Cities  and 
Towns.” 


Township,  school  business  of,  done  by 

trustees .  15 

congressional,  made  a  school  town¬ 
ship .  15 

divided  by  county  lines .  20 

same,  tax  in .  62 

fractional,  consolidated  with  adja¬ 
cent,  when . 15,75 

fund  of.  See  “Fund.” 

funds  apportioned  to .  13 

same,  forfeiture  of . 6,20 

made  a  district  to  support  a  high 

school . 22, 23 

may  unite  with  another  or  with  parts 

of  others  for  the  same  purpose .  23 

newly  organized,  districted .  24 

same,  map  of .  24 

redistricted .  51 

school  section  belonging  to . '73 

Township  board  of  education .  23 

term  of  office .  23 

duties .  23 

Township  high  school,  how  discon¬ 
tinued . 23,24 

same,  disposition  of  property .  24 

how  established . 23,24 

how  supported .  23 

Township  treasurer .  31 

accounts  of  how  kept . 32,33 

appointment  of .  18 

same,  who  eligible  to .  18 

bond  official,  approved . 13,31,32 

same  recorded .  13 

delivered  to  county  superintendent. 13, 31 

form  of .  32 

increased  when .  32 

books  and  accounts  of,  examined  by 

county  superintendent .  10 

by  trustees . 21,36 

same,  subject  to  inspection . 19,33 

same,  submitted  to  trustees .  36 

certificate  of  amount  of  taxes  due 

sent  to,  by  county  clerk .  67 

certificate  of  tax  levy  returned  by,  to 

county  clerk .  37 

clerks  of  trustees,  to  be .  18 

compensation  of . 39 

county  superintendent  may  direct  in 
case  of  change  of  district  lines.. . .26,27 
custodian,  only  legal,  of  funds  of 

boards  of  education,  when . 50,51 

of  district  funds .  21 

of  township  funds .  36 

debts  due  township  probated  by .  35 

district  funds  paid  out  by,  how . . .  46 


Page. 

Township  treasurer—  Continued. 

district  records  examined  by .  37 

election  of  trustees,  called  by .  37 

duties  of,  as  to  transfer  of  pupils. .  .37,46 

same,  of  directors .  46 

interest  paid  teachers  by,  when .  37 

liable  in  a  civil  action — 
for  failure  or  refusal  to  perform 

legal  duties . 38,82 

same,  when  not  liable . ...38,82 

for  failure  to  turn  over  books,  etc., 

to  his  successor .  82 

liable  in  a  criminal  action — 

for  loss  of  school  funds . 82,83 

for  conversion  of  school  funds .  83 

for  failure  to  report  statistics,  or 

for  false  return  of  same .  83 

for  perversion  of  school  funds  to  a 

sectarian  use .  84 

for  being  interessed  in  the  sale  of 

school  books,  etc . 2,84 

lien  on  real  estate  of .  83 

list  of  taxpayers  made  and  filed  by. . .  38 

maps  made  and  filed  by .  38 

money  paid  to,  by  tax  collector .  62 

moneys,  bonds,  etc.,  delivered  to,  on 
certified  statement  of  county  super¬ 
intendent .  13 

not  to  be  interested  in  the  sale  of 

school  bcoks,  etc.,  when . 2,84 

notes,  bonds,  etc.,  held  by,  examined 

by  county  superintendent .  .10 

same,  list  of,  given  to  county  superin¬ 
tendent  annually .  34 

same,  submitted  to  trustees .  36 

cash  held  by,  verified  by  trustees ....  36 

official  term  of,  two  years .  18 

poll-book  of  district  election  filed 

with .  41 

removed  by  trustees,  when .  21 

responsible  for  losses,  when .  83 

State  and  county  funds  paid  to,  by 

county  superintendent .  13 

statement  to  directors,  made  by  un¬ 
der  oath,  semi-annually . 36,37 

statement  to  trustees .  36 

sued  by  trustees,  when . 21,22 

suit  brought  by,  against  tax  collector  63 

same,  to  recover  interest .  35 

same,  when  additional  security  is  not 

given .  35 

surplus  of  district  funds,  loaned  by.  34 
to  make  teachers’  orders  interest 
bearing  when  not  paid  on  presenta¬ 
tion . 38,60 

same,  to  record .  37 

to  file  orders  paid .  72 

to  hold  funds  to  pay  same .  37 

to  take  and  file  receipts  for  money 

paid .  72 

to  publish  statement  annually .  38 

to  turn  over  office,  etc.,  to  his  succes¬ 
sor  .  38 

same,  in  case  of  his  death .  38 

township  fund  loaned  by .  33 

Trees  cut,  etc.,  on  school  lands .  74 

Trespassers  on  school  lands .  74 

liable  to  fine  and  commitment .  74 

Truant  officer . 95,96 

to  report  offenders .  96 

Trustees  of  school  lands .  31 

Trustees  of  schools . 14 

accounts,  etc.,  of  treasurers  exam¬ 
ined  by . 20,21,36 

apportionment  of  funds  by .  19 

body  politic  and  corporate,  a .  15 

boundaries  of  districts  changed  by— 

at  Api'il  meetings .  25 

bonded  debt,  how  disposed  of .  28 

funds  divided .  29 

liability  for  failure  to  divide  funds.  30 

property  appraised . 29,30 

debts  deducted  from  the  same . 29,30 

remainder  of  same  divided . 29,30 


149 


Page. 

Trustees  of  schools  Continued. 

same,  appeal  from  action  of  trustees.  26 

how  taken .  26 

who  may  appeal .  26 

same,  election  ordered  in  new  dis¬ 
trict  by  .  28 

Same,  new  map  and  list  of  taxpayers 
filed  by.  within  ten  days,  with 

county  clerk . 26,27 

clerk  appointed  by,  who  is  also  treas¬ 
urer .  18 

same  pro  tempore . 18, 19 

debt,  due  school  fund  compromised 

by .  22 

election  of,  conducted  how .  17 

same,  contested  how .  17 

same,  held  for  first  time .  16 

same. notices  of .  16 

same,  ordered  by  township  treas¬ 
urer .  16 

same,  polls  opened  and  closed  when  17 

Same,  postponed .  17 

same,  tie,  how  determined .  17 

same,  time  of . 15,16 

same,  voters  at,  qualifications  of —  17 

election  of,  at  town  meetings .  18 

eligible  to  office  of  trustee,  who  are. .  16 

gifts,  grants,  etc.,  received  by .  21 

judges  of  election .  16 


liable  in  a  civil  action— 
for  failure  to  act  upon  notice  of 


county  superintendent . 11,83 

for  failure  to  distribute  property  in 
case  of  a  division  of  a  district....  30 

for  failure  to  return  poll-book .  18 

for  failure  to  return  statistics,  or 

for  false  return  of  same . 12,83 

for  loss  of  school  funds . 83,84 

for  insufficiency  of  treasurer’s  se¬ 
curities . 83 

liable  in  a  criminal  action— 
for  being  interested  in  sale  of 

school  books,  etc . 2.84 

for  conversion  of  school  funds .  83 

for  perversion  of  funds  to  a  secta¬ 
rian  usq. .  84 

list  of.  furnished  county  superintend¬ 
ents  by  county  clerk .  18 

map  of  townships,  made  by .  27 

meetings  of,  regular  and  special .  19 

organization  of  board  of .  19 

president  appointed .  18 

same  pro  tempore . 18, 19 

quorum  of .  19 

real  estate,  leased  by . 22,73 

purchased  by .  22 

sold  by .  22 

report  to  county  superintendent . 19,20 

same,  items .  20 

school  house  and  site  sold  by .  21 


Page. 

Trustees  of  schools—  Continued. 

same,  title  to,  held  by .  21 

separate  eunmeration  made  by.  when  20 
successors  to  “Trustees  of  school 

lands” .  31 

term  of  office .  16 

title  to  school  house  and  site  held  by  21 
townships  laid  off  into  districts  by . . .  24 

treasurer  appointed  by .  18 

same,  removed  by . v .  21 

same,  sued  by .  22 

treasurer’s  accounts,  etc.,  examined 

by . 21,22 

vacancy  in  office,  how  filled .  17 


Union  school  district  dissolved,  how .  30 

funds  of,  put  in  hands  of  one  treas¬ 
urer . 43,64,72 

Use  of  school  houses  fqr  meetings .  45 

U.  S.  flags  on  school  houses . 102,103 


Vacancies  in  office  of  board  of  educa¬ 


tion  . 48,49,52 

of  county  superintendent .  8 

of  directors .  40 

of  trustees .  17 

Validity  of  teachers’  certificates . 55,56 

Valuation  of  common  school  lands .  75 

Visitation  of  schools . ....9,42,49 

Vote  of  the  people  required  to  borrow 

money .  64 

to  establish  or  discontinue  a  town¬ 
ship  high  school . 23,24 

to  levy  a  tax  to  extend  a  district 
school  beyond  nine  months .  45 


Vote,  etc.— 

to  locate  a  school  house .  45 

exception  to  the  same .  45 

to  refund  bonds  or  outstanding  in¬ 
debtedness .  66 

to  purchase  or  build  a  school  house.  .45, 61 
Voters  of  districts  may  add  higher 

branches .  57 

qualifications  of .  16 


Warrants,  Auditor  to  issue  to  county  su¬ 


perintendent . 9, 70 

paid  by  county  collector .  7D 

return  by  same .  71 

refusing  to  pay  penalty  for .  71 

See  also  “Orders.” 

Women  may  be  school  officers .  85 

qualifications . 40,85 

to  give  bond  and  qualify  as  required 

by  law .  85 

may  vote .  94 


11 


